Hulanicki v Walton (No 2)

Case

[2015] ACTCA 45

31 August 2015


Details
AGLC Case Decision Date
Hulanicki v Walton (No 2) [2015] ACTCA 45 [2015] ACTCA 45 31 August 2015

CaseChat Overview and Summary

This matter concerned an appeal from a decision of the Court below regarding costs. The appellant, Hulanicki, sought to have the respondent, Walton, pay the appellant's costs of the appeal.

The central legal issue before the Court was whether the respondent's rejection of a *Calderbank* offer made by the appellant was unreasonable, thereby justifying an order for the respondent to pay the appellant's costs of the appeal on an indemnity basis.

The Court confirmed the order of the Court below that the respondent pay the appellant's costs on a party/party basis. Furthermore, the Court ordered that the respondent pay the appellant's costs of the appeal on a party/party basis, indicating that the rejection of the *Calderbank* offer was not deemed unreasonable to warrant indemnity costs.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

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Cases Citing This Decision

22

Ross v Gordon (No 2) [2023] ACTCA 40
Cases Cited

17

Statutory Material Cited

2

Hulanicki v Walton [2015] ACTCA 14
Latoudis v Casey [1990] HCA 59