Almond Investors Limited v Kualitree Nursery Pty Limited (No 2)

Almond Investors Limited (the appellant) appealed to the Court of Appeal of New South Wales against orders made by the District Court of New South Wales. The dispute concerned a claim brought by Kualitree Nursery Pty Limited (the respondent) and a cross-claim by the appellant.

The Court of Appeal was required to determine whether the District Court had erred in its findings regarding the respondent's claim and the appellant's cross-claim, and consequently, to consider the appropriate orders for costs, including whether indemnity costs were warranted in light of a *Calderbank* offer.

The Court allowed the appeal, finding that the District Court's decision in favour of the respondent on its claim was erroneous. The Court dismissed the respondent's claim and entered a verdict for the appellant on its cross-claim in the sum of $173,707.60, along with significant interest. The Court also ordered that the respondents pay the appellant's costs of both the District Court proceedings and the appeal, applying the general rule that costs follow the event.