Novelly v Tamqia Pty Ltd (No 2)

In *Novelly v Tamqia Pty Ltd (No 2)*, the New South Wales Court of Appeal considered an application for indemnity costs. The dispute arose from the respondents' seeking indemnity costs following the dismissal of the appellant's notice of motion. A key element of the respondents' claim for indemnity costs was a *Calderbank* offer they had made.

The central legal issue before the Court of Appeal was whether the respondents were entitled to indemnity costs, specifically in relation to their *Calderbank* offer. This involved determining the reasonableness of the respondents' non-acceptance of this offer, given that the offer was made prior to the service of the appellant's written submissions.

The Court of Appeal dismissed the appellant's notice of motion. In relation to the costs application, the Court found that the *Calderbank* offer made by the respondents was a relevant consideration. The Court determined that the respondents' conduct in making the offer and their subsequent pursuit of indemnity costs were reasonable in the circumstances. Consequently, the Court ordered that the appellant's notice of motion be dismissed with costs.