De Sales v Ingrilli [No 2] [2003] HCA 16

De Sales v Ingrilli [No 2] [2003] HCA 16

The Court dismissed the respondent's motion because the amount recovered by the appellant could exceed the amount offered by the respondent, depending on interest or rounding.

Source-derived case information.

Parties
Appellant: Teresa Margaret De Sales; Respondent: Albert Ingrilli
Jurisdiction
Australia
Judgment Date
08 April 2003
Procedural Posture
Appeal / Costs Application Following Appeal
Outcome
Motion dismissed
Legal Topics
Costs, Calderbank Offer, Appeal
Practice and Procedure Costs Calderbank Offer Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Teresa Margaret De Sales

Appellant

Albert Ingrilli

Respondent

Procedural Posture

Appeal / Costs Application Following Appeal

Legal Issues

  1. 1 Whether the respondent should succeed on a motion to recall an order that it pay the appellant's costs, relying on a rejected Calderbank offer.

Ratio Decidendi

The Court dismissed the respondent's motion because the amount recovered by the appellant could exceed the amount offered by the respondent, depending on interest or rounding.

Court Disposition

Motion dismissed

Orders

  • There should be no order as to the costs of the motion.