F & D Normoyle Pty Ltd v Transfield Pty Ltd T/as Transfield Bouygues Joint Venture & 1 or; Transfield Pty Ltd T/as Transfield Bouygues Joint Venture & 1 or v Z Vranjkovic & 2 Ors

The proceedings involved cross-appeals between F & D Normoyle Pty Ltd and Transfield Pty Ltd trading as Transfield Bouygues Joint Venture, and Z Vranjkovic and two other parties. The dispute concerned the appropriate basis for assessing costs following earlier court orders.

The primary legal issue before the Court of Appeal was whether a late Calderbank offer made by Transfield Pty Ltd warranted a special costs order, specifically an order for indemnity costs from the date of that offer.

The Court of Appeal determined that there was no question of principle involved in the late Calderbank offer. Consequently, it directed that the costs orders pronounced on 23 August 2005 be entered as made. However, in relation to the costs payable to Mr Vranjkovic, the Court ordered that these be assessed on a party and party basis up until 10 February 2005 and on an indemnity basis thereafter.