Rialto Sports Pty Limited (Admins Apptd) v Cancer Care Associates Pty Limited; CCA Estates Pty Limited; Davjul Holdings Pty Limited; Armmam Pty Limited (No 3)

In the appeals before Bell CJ and Gleeson JA, Rialto Sports Pty Limited (in administration) was the appellant, and Cancer Care Associates Pty Limited, CCA Estates Pty Limited, Davjul Holdings Pty Limited, and Armmam Pty Limited were the respondents. The dispute concerned the adoption of a referee's report concerning the construction of a contract, and related issues of costs, including a Calderbank offer at trial and concessions made on appeal.

The court was required to determine whether the referee erred in their construction of the contract, and to make orders regarding the costs of the proceedings at trial and on appeal, considering the offers made and concessions given.

The court adopted the referee's report in its entirety, finding no error in the referee's construction of the contract. The reasoning applied was that the referee's findings were sound and supported by the evidence and contractual terms. Regarding costs, the court ordered that the defendant pay the plaintiff's costs in the District Court on the ordinary basis up to 11 January 2021, and thereafter on an indemnity basis, reflecting the late concessions made by the appellant.

The court entered judgment for each respondent in their respective appeals, specifying the amounts inclusive of interest. The appellant was ordered to pay the respondent's costs in the Court of Appeal, including the costs of the reference, on the ordinary basis. Further orders detailed the appellant's liability for interest on costs and disbursements paid by the respondent.