Kramer v Stone (No 2)

The parties in this matter were Kramer and Stone (No 2). The dispute concerned an application for a special costs order following an appeal hearing. The application was heard by Ward P, Leeming, and Kirk JJA.

The central legal issue before the court was whether a costs order should be made against the appellants, specifically a special costs order, in circumstances where an offer of compromise had been made prior to the appeal hearing. The court was required to determine if this offer reflected a genuine compromise and, consequently, whether it was unreasonable for the appellants to have rejected it.

The court dismissed the application for a special costs order. The reasoning for this decision is not detailed in the provided text, but the outcome indicates that the court found no basis to depart from the usual costs principles or to impose a special costs order on the appellants in relation to the offer made.

Consequently, the application for a special costs order was dismissed, and no order was made as to the costs of that specific application.