Collegians' Rugby League Football Club Limited v McDonald (No. 2)

Collegians' Rugby League Football Club Limited (the appellant) appealed to the Court of Appeal of New South Wales against a judgment of the Supreme Court of New South Wales which had ordered the appellant to pay damages to McDonald (the respondent). The dispute concerned the respondent's claim for damages arising from a breach of contract.

The primary legal issue before the Court of Appeal was whether the Supreme Court had erred in its judgment. A secondary issue concerned the costs of the appeal, particularly in light of an offer of compromise made by the appellant.

The Court of Appeal found that there had been an error in the Supreme Court's judgment. The Court noted that the appellant had made a *Calderbank* offer, which is an offer to compromise a claim made outside of formal court rules, and that this offer had not been accepted by the respondent. In considering the costs of the appeal, the Court took into account the fact that the appellant had been successful in overturning the original judgment.

The Court of Appeal proposed that each party bear their own costs of the appeal, including the costs of the application for costs.