Laming v Jennings

[2018] VSCA 354

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Calderbank offers
5. › Whether offers involved real element of compromise
6. › Whether unreasonable to refuse offers
1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Success on appeal on arguments not raised at trial
5. › Whether court should make no costs order or reduce costs

Quick Take

A Calderbank offer that amounts to an invitation to capitulate, without a real element of compromise, will not support an order for indemnity costs even where the offeror ultimately succeeds. An appellant who succeeds on arguments not raised at trial may have appeal costs reduced but will not be deprived of costs altogether where the successful issues were central to both the trial and the appeal.