Beagle v Australian Capital Territory and Southern New South Wales Rugby Union Limited (No 2)

The appeal concerned the costs consequences of a rejected *Calderbank* offer made by the respondent, the Australian Capital Territory and Southern New South Wales Rugby Union Limited, to the appellant, Beagle. The appeal was heard by Murrell CJ, Burns and Collier JJ.

The primary legal issue before the Full Federal Court was whether the *Calderbank* offer, which had been rejected by the appellant at first instance and had led to a solicitor/client costs order from the date of rejection in the trial court, should continue to have cost consequences on appeal. The court was required to determine whether a pre-trial *Calderbank* offer, not renewed on appeal, could justify a solicitor/client costs order on appeal, or if costs should be awarded on a party/party basis.

The Court reasoned that while *Calderbank* offers can have significant cost implications, the offer in this instance was made pre-trial and was not renewed on appeal. The Court noted that there was no application to strike out the grounds of appeal, nor any objection to the competency of the appeal. In the absence of such factors or a specific application to extend the *Calderbank* offer's effect to the appeal, the Court exercised its discretion to award costs on a party/party basis.

The appellant was ordered to pay the costs of the respondent of and incidental to the appeal on a party/party basis, to be taxed if not otherwise agreed.