SSABR Pty Ltd v AMA Group Limited (No 2)

[2024] NSWCA 201

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of proceedings at first instance after successful appeal
4. › Where undetermined claims remitted to primary judge
5. › Whether premature to determine costs at first instance
6. › Whether appellants entitled to whole of costs
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Calderbank offer
5. › Whether rejection of offer unreasonable
6. › Whether offer represented genuine compromise
7. › Whether offeree acted unreasonably assessed at time offer made
1. Practice and Procedure
2. › Variation of orders
3. › Application to vary costs order
4. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16
5. › Dispensing with requirement to file notice of motion
6. › Civil Procedure Act 2005 (NSW), s 14

Quick Take

Where undetermined claims remain after a successful appeal, it may be premature for the appellate court to determine first instance costs, and uncertainty about the ultimate costs order can make it reasonable for an offeree to reject a Calderbank offer that includes a significant costs component.