The White Ant Co Pty Ltd v Robson (No 2) [2016] NSWCA 245

The White Ant Co Pty Ltd v Robson (No 2) [2016] NSWCA 245

The appropriate order is that the respondents pay 40 per cent of the appellant's costs of the appeal and application for leave, as the appellant only succeeded on one ground, and the complexity and history of the pleadings and offers did not warrant indemnity costs.

Jurisdiction
Australia
Judgment Date
07 September 2016
Procedural Posture
Civil Appeal / Post Judgment, Costs Determination
Outcome
Respondents to pay 40 per cent of the appellant's costs of the appeal and application for leave to appeal.
Legal Topics
['costs' 'appeals' 'offers of Compromise' 'indemnity Costs']
['civil Procedure'] ['costs' 'appeals' 'offers of Compromise' 'indemnity Costs']

Case Brief

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Procedural Posture

Civil Appeal / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['What is the appropriate apportionment of costs of the appeal and application for leave to appeal?' 'Should indemnity costs be payable due to rejection of offers of compromise by the respondents?']

Ratio Decidendi

The appropriate order is that the respondents pay 40 per cent of the appellant's costs of the appeal and application for leave, as the appellant only succeeded on one ground, and the complexity and history of the pleadings and offers did not warrant indemnity costs.

Court Disposition

Respondents to pay 40 per cent of the appellant's costs of the appeal and application for leave to appeal.

Orders

  • ["Respondents pay 40 per cent of the appellant's costs of the appeal and the application for leave to appeal."]