Owen v Musladin (No 2)

[2010] ACTCA 24

ACT Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Whether costs should follow the event or be reserved
5. › Effect of Calderbank letters on costs of appeal
6. › Whether Calderbank letters not in evidence can affect costs order
7. › Whether appeal is interlocutory or final for costs purposes
1. Practice and Procedure
2. › Costs
3. › Calderbank offers
4. › Offer made between first instance judgment and appeal hearing
5. › Whether offer can affect costs of appeal where appeal results in order for new trial rather than final determination of quantum

Quick Take

Where an appeal results in an order for a new trial rather than a final determination of quantum, Calderbank letters offering settlement of the quantum cannot directly affect the costs of the appeal. The general rule that costs follow the event applies to such appeals. Calderbank letters not in evidence cannot be taken into account by the court in determining costs.