COSTS — costs of application for stay or dismissal of proceedings — whether indemnity costs should be ordered — whether order should be made that costs be payable forthwith
Quick Take
1A Calderbank letter that does not offer to bring about the result actually obtained by the successful party on the application does not assist the offeror on the question of costs.
2Where arguments resisting a stay under the International Arbitration Act 1974 (Cth) raise legitimate questions about the scope of an arbitration clause in relation to tortious and ACL claims — even if ultimately unsuccessful — the conduct is not so unreasonable as to warrant indemnity costs.
3Where a costs order on an interlocutory motion covers issues that have been determined as well as issues that have been reserved for later adjudication, the court may adopt a broad-brush temporal apportionment, ordering costs up to a certain date and reserving costs thereafter.
