Koundouris v The Owners - Units Plan No 1917 (No 2)

[2017] ACTCA 47

ACT Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Offer of compromise
4. › Whether offer gave reasonable notice
5. › Whether court should 'order otherwise'
6. › Court Procedures Rules 2006 (ACT), r 1010
1. Practice and Procedure
2. › Costs
3. › Offer of compromise
4. › Distinction between Calderbank offer and offer of compromise under rules
5. › Onus on party opposing indemnity costs order
1. Practice and Procedure
2. › Costs
3. › Offer of compromise
4. › Whether offer of compromise in primary proceedings extends to costs of appeal
5. › Whether offer must be renewed for appeal
6. › Court Procedures Rules 2006 (ACT), rr 1002, 5001

Quick Take

Where an offer of compromise under the Court Procedures Rules 2006 (ACT) has been exceeded by the verdict and reasonable notice was given, the court should only order otherwise than in accordance with r 1010 in exceptional circumstances. An offer of compromise made in primary proceedings does not extend to the costs of an appeal unless the offer is renewed after the appeal is filed. Preference should be given to rules-based offers of compromise over Calderbank offers.