party given leave to intervene in application for leave to appeal against decision refusing its joinder
Quick Take
1An intervener whose interests are directly affected by an application for leave to appeal, and who is functionally in the position of a party, may recover its costs of intervening from the unsuccessful applicant.
2Rejection of a genuine and generous Calderbank offer on the day it was made, in circumstances where the applicant's prospects of success were poor, is unreasonable and warrants indemnity costs from the date of expiry of the offer.
3Under s 4(1) of the Appeal Costs Act 1998 (Vic), an indemnity certificate is available only to a respondent in a successful appeal; it is not available to an unsuccessful applicant for leave to appeal.
