Sckaff v Sckaff (No 2)

In *Sckaff v Sckaff (No 2)*, the New South Wales Court of Appeal considered an appeal concerning the possession of a property. The dispute involved the appellants, who sought possession, and the respondents, who were in possession. The Court of Appeal was tasked with determining the appropriate orders regarding possession, costs of the proceedings at first instance, and the costs of the appeal itself, including applications made after the principal judgment.

The central legal issues before the Court of Appeal were whether the plaintiff's rejection of a *Calderbank* offer was unreasonable, whether the plaintiff's partial success warranted a favourable costs order at first instance, and whether the successful appellants' obligation to pay compensation should be stayed pending the assessment of costs. The Court also had to determine the allocation of costs for the appeal and subsequent applications.

The Court declared that the appellants were entitled to possession of the property and ordered the respondents to give vacant possession within 90 days. Regarding the costs of the proceedings at first instance, the Court made no order, intending for each party to bear their own costs. For the appeal, the respondents were ordered to pay the appellants' costs, subject to a specific exception. The appellants were ordered to pay 50% of the respondents' costs relating to an application for further orders, including those made after the Court's principal judgment.