Hulanicki v Walton (No 2)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Remedies
Actions
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Most Recent Citation
Thompson v Desmond [2016] ACTSC 214
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Cases Cited
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Statutory Material Cited
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Hulanicki v Walton
[2015] ACTCA 14
Pires v DibbsBarker Canberra Pty Limited
[2014] ACTSC 283
Latoudis v Casey
[1990] HCA 59