123 259 932 Pty Ltd v Cessnock City Council (Costs)

[2023] NSWCA 99

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Party/party costs
3. › Bases of quantification
4. › Indemnity basis
5. › Calderbank offers
6. › Whether rejection of offers and persistence in litigation warranted indemnity costs order
7. › Whether issues at trial not straightforward
1. Costs
2. › Party/party costs
3. › Bases of quantification
4. › Indemnity basis
5. › Offers of compromise
6. › Compliance with UCPR r 20.26
7. › Whether offer stipulating fixed amount for costs was compliant
8. › Uniform Civil Procedure Rules 2005 (NSW), r 20.26, r 42.14
1. Costs
2. › Party/party costs
3. › Appeals
4. › Whether pre-trial offers relevant to costs of appeal
5. › Whether offers must be renewed prior to appeal to warrant special costs order
1. Costs
2. › Party/party costs
3. › Interest on costs
4. › Whether order for interest on costs necessary
5. › Default position under Civil Procedure Act 2005 (NSW), s 101(4) and (5)
6. › Legal Profession Uniform Law Application Act 2014 (NSW), s 70(1)(c)(ii)

Quick Take

Offers of compromise made under UCPR r 20.26 must not stipulate a fixed amount for costs (as distinct from 'plus costs as agreed or assessed'), and no order for interest on costs is necessary for judgments given after 24 November 2015.