The Full Court held that a respondent's refusal to accept offers of settlement in an appeal proceeding is not unreasonable merely because the appeal is ultimately allowed, particularly where the respondent had the benefit of a favourable interlocutory order below. The Court also noted that the appellant was materially advantaged by the Court itself raising the determinative issue during the appeal, which had not been included in the grounds of appeal, further weighing against a solicitor and client costs order. Costs were awarded on a party and party basis only.
The full text is available to signed-in members.