› Offers of compromise — formal offers under Uniform Civil Rules — collective offers to multiple respondents
Procedure
› Costs
› Costs at first instance reconsidered on appeal — apportionment between successful and unsuccessful claims
Procedure
› Restitution
› Repayment of overpaid judgment sum and pre-paid costs following successful appeal
Quick Take
1Where a defendant makes multiple informal (Calderbank) and formal offers to settle that significantly exceed the plaintiff's ultimate recovery, and the plaintiff fails to respond or engage with those offers, the court may order indemnity costs from the expiry of the earliest such offer, even where the offers were made collectively to multiple respondents rather than individually.
2Interest on restitutionary repayment of amounts paid under a judgment subsequently set aside on appeal is more appropriately calculated at the pre-judgment rate rather than the post-judgment rate, because the underlying cause of action is restitutionary in nature.
3A pre-payment of costs made as a condition of a stay of enforcement of a trial costs order is repayable where the underlying costs order is set aside on appeal, and is not to be characterised as a voluntary payment in recognition of costs incurred.
