Victorian Education Foundation Ltd (ACN 126 965 044) v A.C. Hall Airconditioning Contracting Pty Ltd (ACN 091 308 637)
[2013] HCASL 171
VICTORIAN EDUCATION FOUNDATION LTD (ACN 126 965 044)
v
A.C. HALL AIRCONDITIONING CONTRACTING PTY LTD (ACN 091 308 637)
[2013] HCASL 171
M21/2013
The applicant seeks special leave to appeal on a matter of practice and procedure relating to a question of costs. It is well established[1] that an appellate court should exercise particular caution in reviewing matters of practice and procedure. Especially is that so in cases relating to costs.
[1]See, for example, Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 39.
In proceedings brought by the respondent against the applicant in the County Court of Victoria, the applicant made an offer of compromise.
The primary judge (Judge Ginnane) and, on application for leave to appeal, the Court of Appeal of the Supreme Court of Victoria (Neave and Priest JJA) held that the offer was not an offer of compromise in accordance with the County Court Civil Procedure Rules 2008 (Vic). The primary judge also held that the offer could not be considered to be an effective "Calderbank" offer. On its application to the Court of Appeal, the applicant did not expressly controvert the latter conclusion, arguing instead that the offer was one which accorded with the Rules. The Court of Appeal refused leave to appeal.
The orders made by the primary judge and the Court of Appeal turned on the form of the offer the applicant had made and on the proper construction of the relevant rules of court. No question of general principle would fall for consideration if special leave to appeal were to be granted. No reason is shown for deciding that the issues which the applicant seeks to raise are fit subjects for the grant of special leave.
Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
K.M. Hayne
9 October 2013S.M. Crennan
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