1Where a Calderbank offer includes terms extending beyond the subject matter of the proceedings (here, a broad release of all future claims), the offeror bears the onus of demonstrating the litigation outcome is better or no worse than the offer, and failure to adduce evidence on that point will defeat a claim for indemnity costs.
2A legal practitioner party to litigation cannot recover internal costs of preparing and conducting their own case; recovery is limited to monies paid or liabilities incurred for professional legal services (Cachia v Hanes).
3Where a proceeding involves multiple issues and the unsuccessful party achieved only modest success on a discrete component, the court will ordinarily not apportion costs unless an identifiable separate issue consumed a significant part of the trial.
