Victorian Education Foundation Ltd v AC Hall Airconditioning Contracting Pty Ltd

[2013] VSCA 32

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Offers of compromise
4. › Validity of offer
5. › Whether offer expressed as 'in full and final settlement' constitutes 'all in' offer inclusive of costs
6. › Order 26 County Court Civil Procedure Rules 2008
1. Practice and Procedure
2. › Costs
3. › Offers of compromise
4. › Construction of offer
5. › Whether offer to be construed objectively according to its terms
6. › Order 26.03(7) and (8) County Court Civil Procedure Rules 2008
1. Appeal
2. › Leave to appeal
3. › Costs orders
4. › Whether original decision attended with sufficient doubt
5. › Whether substantial injustice would result
6. › County Court Act 1958 (Vic), s 74(2E)
1. Practice and Procedure
2. › Stay of execution
3. › Pending appeal
4. › Whether special or exceptional circumstances established
5. › Prospect of success on appeal
6. › Risk of appeal being rendered nugatory
7. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 64.25(a)

Quick Take

An offer of compromise expressed as being 'in full and final settlement' of a claim is an 'all in' offer inclusive of costs, and does not comply with Order 26 of the County Court Civil Procedure Rules 2008. This is distinguishable from offers expressed as 'plus costs', which set costs outside the amount offered and may comply with the rules.