Encyclopaedia Britannica Australia Ltd v Campbell (No 2)

The case of *Encyclopaedia Britannica Australia Ltd v Campbell (No 2)* involved an appeal to the New South Wales Court of Appeal concerning the award of costs. The dispute arose from proceedings at first instance and the subsequent appeal, with a key element being an offer of compromise made by the appellant at trial which was not renewed on appeal.

The Court of Appeal was required to determine whether indemnity costs should be awarded for the proceedings at first instance and for the appeal, considering the offer of compromise and its subsequent status.

The Court ordered that the respondent pay the appellant's costs at first instance on a party and party basis up to 9 November 2007, and on an indemnity basis thereafter, subject to any prior costs orders made by the primary judge. The respondent was also ordered to pay the appellant's costs of the appeal on a party and party basis. Furthermore, the respondent was ordered to pay interest on costs and disbursements, calculated based on the proportion of costs allowed on assessment compared to the total amount paid by the appellant. Liberty was granted to the appellant to apply for an order for payment of a specific amount of interest, and the respondent was to have a certificate under the Suitors Fund Act 1951 (NSW) if entitled.