Partridge v Hobart City Council (No 2)

In *Partridge v Hobart City Council (No 2)*, the Full Court of the Supreme Court of Tasmania considered an appeal and cross-appeals concerning costs following a trial. The dispute originated from an action brought by the plaintiff, Mr Partridge, against the defendants, the Hobart City Council and others.

The primary legal issues before the Full Court were whether to depart from the usual rule that costs follow the event, and how to apportion costs between the parties, particularly in light of an offer of compromise made by the defendants regarding liability and apportionment, and a *Calderbank* offer made during the appeal process. The Court also had to determine the appropriate basis for awarding costs in the original trial.

The Court reasoned that while the defendants had made an offer of compromise, it was limited to liability and apportionment and did not encompass all aspects of the dispute. Furthermore, the *Calderbank* offer, made when the appeal was pending, was considered in the context of the overall conduct of the parties. The Court ultimately decided to depart from the general rule regarding costs for the appeal, ordering that the respondents pay 25% of the appellant's party/party costs of the appeal. For the original trial, the Court ordered that the defendants pay the plaintiff's costs on a solicitor/client basis up to the fifth day of the trial, and on a party/party basis thereafter, reflecting a nuanced assessment of the parties' conduct throughout the proceedings. Indemnity certificates were also granted to the respondents in respect of the appeal.