Bartlett v Coomber (No 2)

In *Bartlett v Coomber (No 2)*, the New South Wales Court of Appeal considered an application for indemnity costs following the dismissal of an appeal. The respondent sought these costs on the grounds of the appellant's conduct during the appeal and the existence of a *Calderbank* offer.

The primary legal issue before the Court of Appeal was whether the circumstances warranted an award of indemnity costs to the respondent, rather than the usual order for party-and-party costs. This required the Court to assess the conduct of the appeal and the nature of the *Calderbank* offer in determining if an exception to the ordinary rule for costs should be made.

The Court of Appeal ultimately dismissed the application for indemnity costs. It found that the conduct of the appeal and the *Calderbank* offer did not establish a sufficient basis to depart from the usual order for costs. Consequently, the application for indemnity costs was dismissed, with the costs of that application to be paid by the appellant to the respondent.