Peter Willis v Health Communications Network Ltd (No 2)

[2008] NSWCA 2

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Calderbank offers
4. › Reasonableness of offer
5. › Unreasonableness of refusal
6. › Whether indemnity costs should be ordered where outcome less favourable than offer
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Principles governing departure from ordinary basis
5. › Conduct must be 'plainly unreasonable'
6. › Reserved for most unreasonable actions
1. Practice and Procedure
2. › Costs
3. › Apportionment
4. › Separate costs orders for separate claims
5. › Percentage apportionment between successful and unsuccessful claims
1. Practice and Procedure
2. › Costs
3. › Costs on appeal
4. › Different costs basis where no further Calderbank offer made after institution of appeal
5. › Indemnity costs where respondent had no answer to claim on appeal

Quick Take

A Calderbank offer does not automatically affect costs on appeal where the offeror fails to renew the offer after the appeal is instituted. Where a party pursues multiple independent claims and adopts an 'all or nothing' approach to settlement, rejection of a reasonable compromise offer will be treated as unreasonable. A party who succeeds on appeal on a claim that the respondent had no answer to may obtain indemnity costs on that component, particularly where the respondent raised a hopeless submission in opposition.