Salmon v Osmond (No 2)

[2015] NSWCA 131

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Offers of compromise
4. › Calderbank offer
5. › Costs on ordinary basis prior to offer and indemnity basis after unaccepted offer
6. › Whether no order as to costs prior to offer of compromise
1. Practice and Procedure
2. › Judgments and orders
3. › Correction of orders
4. › Slip rule
5. › Clerical mistake in costs order
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 36.17

Quick Take

Where a Calderbank offer of compromise is not accepted and the offeror succeeds, the default position is that the unsuccessful party pays costs on the ordinary basis up to the date of the offer and on an indemnity basis thereafter. An order for no costs for the period prior to the offer should not be inferred absent express indication.