Novelly v Tamqia Pty Ltd (No 2)

[2024] NSWCA 209

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Calderbank offer
5. › Whether non-acceptance of offer was unreasonable
6. › Whether offer open for only two days was reasonable
7. › Whether offer made before service of appellant's written submissions provided adequate information
8. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A)
1. Practice and Procedure
2. › Costs
3. › Variation of costs order after judgment
4. › Application under UCPR r 36.16(3A)
5. › Whether leave or special circumstances required

Quick Take

Calderbank offers made on appeal must remain open for a reasonable period and be made after the offeree has been served with the offeror's written submissions, ensuring the offeree has adequate time and information to assess the offer.