When assessing whether failure to accept a Calderbank offer was unreasonable, the offeree's own counter-offers are irrelevant to that assessment. A vendor's pursuit of specific performance of a contract for sale of land, even where specific performance is ultimately refused, does not constitute misconduct under the Civil Procedure Act 2010 (Vic) and does not disentitle the vendor to costs. Where a trial is conducted in stages, it is preferable to defer costs applications until the conclusion of all stages.
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