Chandrasekaran v Western Sydney Local Health District (t/as Westmead Hospital) (No 2) [2024] NSWCA 21

Chandrasekaran v Western Sydney Local Health District (t/as Westmead Hospital) (No 2) [2024] NSWCA 21

The appellant's partial success on appeal resulted only in nominal damages of $100 and she failed on all other grounds of appeal. The practical result was not the event at which she was aiming, and the trial Calderbank offer of $40,000 did not justify an indemnity or favourable costs order on the appeal. No reason was shown to vary the costs order in favour of the Health District.

Jurisdiction
Australia
Judgment Date
12 February 2024
Procedural Posture
Costs Application in the Court of Appeal / Application on the Papers to Vary a Costs Order Made on Appeal
Outcome
Application refused; appellant ordered to pay the first respondent's costs of the application.
Legal Topics
['party/party Costs Orders' 'costs Follow the Event' 'nominal Damages' 'application to Vary Costs Order' 'calderbank Offer' 'offer of Compromise on Appeal']
['costs' 'civil Procedure' 'contract'] ['party/party Costs Orders' 'costs Follow the Event' 'nominal Damages' 'application to Vary Costs Order' 'calderbank Offer' 'offer of Compromise on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in the Court of Appeal / Application on the Papers to Vary a Costs Order Made on Appeal

Legal Issues

  1. 1 ["Whether the appellant's partial success on appeal, resulting only in nominal damages for breach of contract, justified varying the costs order made in favour of the first respondent." "Whether the appellant should receive costs, including indemnity costs, by reason of the finding of breach of contract or the first respondent's Calderbank offer below."]

Ratio Decidendi

The appellant's partial success on appeal resulted only in nominal damages of $100 and she failed on all other grounds of appeal. The practical result was not the event at which she was aiming, and the trial Calderbank offer of $40,000 did not justify an indemnity or favourable costs order on the appeal. No reason was shown to vary the costs order in favour of the Health District.

Court Disposition

Application refused; appellant ordered to pay the first respondent's costs of the application.

Orders

  • ["Refuse the appellant's application to vary the costs order made in favour of the first respondent on 1 December 2023." "Appellant to pay the first respondent's costs of the application to vary the costs order."]