Tas Investco Pty Ltd as trustee for Tasmania Property Trust v Sultan & Anor (No 2) [2026] TASSC 54 — Procedure & Aust Dig Procedure [1634] — Barrister AI
Tas Investco Pty Ltd as trustee for Tasmania Property Trust v Sultan & Anor (No 2)
› Reservation of costs until after particular event
› Application for costs following determination of separate questions resulting in orders for specific performance and damages to be assessed
› Damages claim in addition to specific performance remains inchoate
› Application premature
› Adjourned to a date to be fixed.
Aust Dig Procedure [1634]
Procedure
› Civil Proceedings in State and Territory courts
› Costs
› Offers of compromise, payments into court and settlements
› Informal offers and Calderbank letters
› Whether plaintiff successful in bettering Calderbank offer
› Success of offer not determinable until damages assessed
› Unfair to order costs until outcome known.
Aust Dig Procedure [1589]
Quick Take
1Where a plaintiff has obtained orders for specific performance and damages to be assessed, but the quantum of damages remains unknown, a costs application is premature because it cannot yet be determined whether the plaintiff has bettered a Calderbank offer that included a waiver of damages claims.
2It is manifestly unfair to order a party to pay costs when the ultimate success of a Calderbank offer depends on the outcome of a damages assessment that has not yet occurred and may be years away.
3A damages claim in addition to specific performance remains inchoate where valuation evidence has not been adduced and it is not known whether the plaintiff has suffered any recoverable loss, particularly where increases in land value may have compensated for delay.
