Vizovitis v Ryan (No 2)

The appeal was brought by the respondent against a decision awarding the appellant costs on a party-and-party basis for the period after the expiration of a Calderbank offer. The appellant had been awarded damages for the breach of a contract to purchase property. During the trial, the appellant had withdrawn certain counts and made a Calderbank offer, which included the resolution of other issues between the parties. The primary judge found that the offer was effective and awarded costs on a party-and-party basis for the period after the offer expired. The respondent argued that the Calderbank offer was not effective because it did not relate to the costs that would be awarded if the offer were accepted. The court found that the primary judge had applied the correct principles in finding the Calderbank offer effective. The court found that the Calderbank offer was not invalid because it included a resolution of other issues between the parties. The court found that the primary judge had not erred in finding that the Calderbank offer was effective and in awarding costs on a party-and-party basis for the period after the offer expired. The appeal was dismissed.