NRMA Insurance for the Nominal Defendant v Al-Bayati (No 2)

The New South Wales Court of Appeal considered an application for leave to appeal in *NRMA Insurance for the Nominal Defendant v Al-Bayati (No 2)*. The dispute concerned an application for leave to appeal a decision, with the primary issue revolving around the costs of the proceedings, specifically whether indemnity costs should be awarded.

The court was required to determine whether to grant leave to appeal and, in relation to costs, whether to depart from the usual order that costs follow the event. This involved considering the effect of an offer of compromise and a Calderbank letter made by the applicant, and whether these offers warranted an award of indemnity costs. The court also had to assess whether reliance could be placed on an offer made in earlier, first instance proceedings when considering costs for appeal proceedings.

The court dismissed the notice of motion for leave to appeal. In doing so, it exercised its discretion regarding costs. The court found that the offer of compromise and the Calderbank letter, when viewed in the context of the appeal proceedings, did not justify an order for indemnity costs. The court's reasoning implicitly involved an assessment of the nature of the offer and the overall circumstances of the case, leading to the conclusion that the general discretion to order costs should apply.

The notice of motion filed on 28 November 2018 was dismissed with costs.