El Assaad v Al Haje (No 2)

[2025] NSWCA 17

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Indemnity costs
3. › Calderbank offer
4. › Offer made between primary judgment and appeal hearing
5. › Whether rejection of offer unreasonable
6. › Factors relevant to assessment of unreasonableness
7. › Civil Procedure Act 2005 (NSW), s 98
1. Costs
2. › Indemnity costs
3. › Calderbank offer
4. › Comparison of offer with final judgment outcome
5. › Whether post-judgment interest to be included in determining whether offer is less favourable
6. › Interest accruing up to date of offer may be included
7. › Civil Procedure Act 2005 (NSW), ss 3, 101
8. › Uniform Civil Procedure Rules 2005 (NSW), r 42.16
1. Practice and Procedure
2. › Judgments and orders
3. › Date from which judgment takes effect
4. › Appeal varying damages award
5. › Whether revised judgment should take effect from date of primary judgment
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.4(3)

Quick Take

When comparing a Calderbank offer with the final judgment outcome, post-judgment interest accruing on the judgment sum up to the date of the offer may be included in the comparison, but interest after the date of the offer may not; and the assessment of unreasonableness of rejection is to be made as at the date the offer was made, not with hindsight.