Le v Angius; Angius v Angius (No 2)

In the matter of Le v Angius; Angius v Angius (No 2), the dispute was between family members regarding the distribution of a deceased estate. The case was heard in the Supreme Court of Victoria. The legal issues before the court involved the assessment of costs, particularly whether certain costs should be paid out of the deceased estate and if there were exceptional circumstances to deviate from the usual rule that costs follow the event. One of the central issues was whether a Calderbank offer, which is a settlement offer made without admission of liability, should affect the usual order for costs.

The court considered the principle that costs generally follow the event, but also examined the nature of the Calderbank offer and its impact on the proceedings. It was noted that such offers can sometimes influence the court's decision on costs, especially when they are made genuinely and without any preconditions. The court took into account the circumstances surrounding the offer and the conduct of the parties during the litigation. It determined that the Calderbank offer was genuine and without any preconditions, which meant that it could be a relevant factor in the costs assessment. The court also examined the overall fairness of the costs order, considering the parties' conduct and the outcome of the litigation.

The court concluded that the Calderbank offer had a significant impact on the assessment of costs. Given the genuine nature of the offer and the conduct of the parties, the court decided that certain costs should be paid out of the deceased estate. This decision was based on the need for fairness and the overall context of the litigation. The court ordered that specific costs, which were outlined in the judgment, be paid from the estate, and that other costs should be borne by the respective parties as determined by the court. This decision balanced the principles of costs following the event with the need for a fair outcome in the circumstances.