Sims v The Commonwealth (No 2)

[2023] NSWCA 30

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Mixed outcome on appeal
4. › Apportionment of costs on issue-by-issue basis
5. › Whether costs should follow the event where appellant succeeded on principal issue but not all issues
6. › Civil Procedure Act 2005 (NSW), s 98
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Settlement offers
5. › Whether rejection of settlement offer was unreasonable
6. › Whether indemnity costs should be awarded after date of rejected offer

Quick Take

The case illustrates the Court of Appeal's approach to costs apportionment where the appellant succeeds on the principal issue but not all issues, and where settlement offers were made but rejected.