Sultana Investments P/L v Cellcom P/L (No. 2)

[2008] QCA 398

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Calderbank offer
5. › Offer by successful defendant
6. › Whether rejection of offer unreasonable
7. › Gap in UCPR r 361 where plaintiff obtains no judgment
8. › Uniform Civil Procedure Rules 1999 (Qld), r 361
1. Practice and Procedure
2. › Costs
3. › Appeal Costs Fund
4. › Indemnity certificate
5. › Whether both sides of point of law fairly arguable
6. › Appeal Costs Fund Act 1973 (Qld), ss 15, 16

Quick Take

A wholly successful defendant who made a Calderbank-type offer that was rejected may obtain indemnity costs from the date the rejection became unreasonable, even though UCPR r 361 does not apply where the plaintiff obtained no judgment. The date from which indemnity costs run may be later than the date of the offer if intervening events (such as the raising of a new legal issue) made the rejection unreasonable. An indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) will ordinarily be granted where the appeal succeeded on a point of statutory construction that was fairly arguable on both sides.