Freedom Development Group Pty Limited v D'Ettorre Properties Pty Limited T/as D'Ettorre Real Estate (No 2)

The appeal concerned an application to vary a costs order made in proceedings between Freedom Development Group Pty Limited (appellants) and D'Ettorre Properties Pty Limited trading as D'Ettorre Real Estate (respondent). The dispute revolved around whether a special costs order should have been made in the proceedings below, specifically in relation to offers of compromise made by the respondent. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the offers of compromise made by the respondent, pursuant to rule 20.26 of the Uniform Civil Procedure Rules 1999 (NSW), were genuine offers of compromise and whether it was unreasonable for the appellants not to accept them. This determination was crucial for deciding whether to grant a special costs order against the appellants.

The Court of Appeal dismissed the appellants' notice of motion. The Court found that the offers made by the respondent were genuine offers of compromise and that it was unreasonable for the appellants to have rejected them. Consequently, the Court ordered that the appellants pay the respondent's costs of the motion.