Carolia Pty Ltd v Crompton
[2010] NSWSC 549
Citation 1
…Ors v Crompton & Ors ,[1] a decision given on 28 May 2010 by Windeyer AJ; (b) Further, the defendant relies on two so-called Calderbank Offers: [1] [2010] NSWSC 549 (i) by letter dated 23 January 2007, the defendant offered to pay the plaintiff $23,000.00 all in; and (ii) by letter dated 28 August 2009, the defenda…
Chen v Chan
[2009] VSCA 233
Citation 2
…es for the making of an order for costs in circumstances where a proportionate order may be contemplated. J Forrest J stated: [13] [2011] VSC 41 [14] [2009] VSCA 233 “(1) The general rule is that costs should follow the event. Absent disqualifying conduct, the successful party should recover its costs even where i…
Investec Bank (Australia) Limited v Glodale Pty Ltd
[2009] VSCA 113
Citation 3
…d to establish issues which it pursued in its claim, although ultimately succeeding on the basis of another discrete head of claim. … .” [11] [2009] VSCA 113 [12] (unreported) VSC 12926 of 1990, delivered by Eames J on 10 April 1995 (BC9503266)…
Berrigan Shire Council v Ballerini (No 2)
[2006] VSCA 65
Citation 4
…it was submitted, in the exercise of such discretion; [3] Reference was made to Nettle J in Berrigan Shire Council v Ballerini & Anor (No 2) [2006] VSCA 65 at paragraph [33] [4] [2005] VSCA 298…
Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2)
[2005] VSCA 298
Citation 5
…such discretion; [3] Reference was made to Nettle J in Berrigan Shire Council v Ballerini & Anor (No 2) [2006] VSCA 65 at paragraph [33] [4] [2005] VSCA 298…
Leichhardt Municipal Council v Green
[2004] NSWCA 341
Citation 6
…ble that informal offers attracting the Calderbank principles be burdened with technicality. … .” [8] See Leichhart Municipal Council v Green [2004] NSWCA 341 [9] [2007] VSC 441, at paragraph [5]…
Joseph Street Pty Ltd v Tan (Costs Ruling)
[2011] VSC 41
Citation 7
…e relevant principles for the making of an order for costs in circumstances where a proportionate order may be contemplated. J Forrest J stated: [13] [2011] VSC 41 [14] [2009] VSCA 233 “(1) The general rule is that costs should follow the event. Absent disqualifying conduct, the successful party should recover i…
BMD Major Projects Pty Ltd v Victorian Urban Development Authority
[2007] VSC 441
Citation 8
…ers attracting the Calderbank principles be burdened with technicality. … .” [8] See Leichhart Municipal Council v Green [2004] NSWCA 341 [9] [2007] VSC 441, at paragraph [5]…
Thomson v Ronstan International Pty Ltd (No 2)
[2000] VSC 294
Citation 9
…nt with well established principle.[5] [5] See Oldaker v Currington [1987] VR 712, at 715; Thomson v Ronstan International Pty Ltd (No 2) [2000] VSC 294 33 In answer to a query from the Court, Counsel for the plaintiff considered that “at least 70 per cent of the trial” was taken up on what he referred to as the…
MT Associates Pty Ltd v Aqua-Max Pty Ltd (No 3)
[2000] VSC 163
Citation 10
…osts and which indicates that the letter will be relied upon on the question of costs.[6] [6] See MT Associates Pty Ltd v Aqua-Max Pty Ltd (No 3) [2000] VSC 163, at paragraph [125] 36 The making of a special costs order involves the exercise of a discretion and the principles governing the award of costs in respe…