Silversea Cruises Australia Pty Ltd v Abellanoza (No 2)

[2020] NSWCA 37

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Party/party costs
4. › General rule that costs follow the event
5. › Partially successful appeal
6. › Whether issues severable
7. › Apportionment of costs where appellant largely unsuccessful
1. Practice and Procedure
2. › Costs
3. › Exceptions to general rule
4. › Offers of compromise
5. › Whether failure to accept offers unreasonable
6. › Offers not complying with UCPR r 20.26
7. › Offers not specifying costs consequences of non-acceptance
8. › Calderbank offers
9. › Uniform Civil Procedure Rules 2005 (NSW), r 20.26
1. Practice and Procedure
2. › Costs
3. › Exceptions to general rule
4. › Recovery limited to less than $500,000
5. › Multiple defendants
6. › Whether UCPR r 42.34 engaged where total judgment against all defendants exceeded $500,000
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.34

Quick Take

The Court held that UCPR r 42.34 is not engaged where the total judgment against all defendants exceeds $500,000, even if the judgment against an individual defendant is less than that amount; and that offers of compromise not complying with r 20.26 and not specifying costs consequences are unlikely to support indemnity costs orders.