Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd (No 3)

[2021] NSWCA 160

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Calderbank offer
4. › Rejection of offer by ultimately successful party
5. › Whether rejection unreasonable
6. › Where offeror would have been unsuccessful but offer bettered successful party's final position
7. › Range of possible costs orders
8. › Indemnity costs
1. Practice and Procedure
2. › Costs
3. › Calderbank offer at first instance
4. › Effect on costs where appeal changes outcome
5. › Whether Calderbank offer made at first instance affects costs of appeal
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.2

Quick Take

Where an ultimately unsuccessful party made a Calderbank offer that bettered the successful party's final position, a comprehensive list of possible costs orders is available, and various factors are relevant to assessing unreasonableness of rejection.