Chandrasekaran v Western Sydney Local Health District (t/as Westmead Hospital) (No 2)

[2024] NSWCA 21

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Court of Appeal
4. › Party/party costs orders
5. › Application to vary costs order
6. › General rule that costs follow the event
7. › Whether award of nominal damages justifies costs order in favour of appellant
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.15, 51.49
1. Practice and Procedure
2. › Costs
3. › Nominal damages
4. › Whether plaintiff who establishes liability but recovers only nominal damages is the successful party
5. › Whether nominal damages is the 'event' at which the plaintiff was aiming
1. Practice and Procedure
2. › Costs
3. › Calderbank offers
4. › Significance on appeal of offer of compromise made at trial
5. › Whether Calderbank offer at trial justifies indemnity costs order on appeal
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 42.15, 51.49

Quick Take

A party who succeeds on appeal only to the extent of obtaining nominal damages will usually not be regarded as the successful party for costs purposes, and a Calderbank offer at trial will not, without more, justify an indemnity costs order on appeal.