Edmonds v Barrington Winstanley Group Pty Ltd (No 2)

[2023] NSWCA 197

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Calderbank offer
5. › Global offer to resolve multiple proceedings
6. › Whether failure to accept offer unreasonable
7. › Whether court able to assess prospects in related proceedings not before it
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Conduct of proceedings
5. › Whether abandoned grounds and unsuccessful interlocutory applications constitute unreasonable conduct warranting indemnity costs

Quick Take

A global Calderbank offer covering proceedings not before the court may be difficult to rely upon for indemnity costs, as the court may be unable to assess the offeree's prospects in those other proceedings.