Rebenta Pty Ltd v Wise (No 2)

The dispute in *Rebenta Pty Ltd v Wise (No 2)* concerned an appeal to the Court of Appeal of New South Wales regarding the basis upon which costs should be awarded. The appellant, Rebenta Pty Ltd, sought to appeal a decision of the trial judge, and the respondent, Wise, had made an offer of compromise prior to the trial and again prior to the appeal.

The primary legal issue before the Court of Appeal was whether the costs incurred by the respondent following the pre-trial offer of compromise were payable on an indemnity basis, given that the respondent was successful on appeal. This question was framed by reference to rule 51.49 of the *Uniform Civil Procedure Rules 2005* (NSW).

The Court of Appeal determined that the pre-trial offer of compromise was valid and that the respondent had been successful on appeal. Applying the principles governing offers of compromise and indemnity costs, the Court concluded that the respondent was entitled to an order for costs on the indemnity basis.

The Court of Appeal varied the previous orders, dismissing the appeal and ordering the appellant to pay the respondent’s costs in the Court of Appeal, to be assessed on the indemnity basis.