Voukidis v Anastasopoulos and Anor (No.2)

In *Voukidis v Anastasopoulos and Anor (No.2)*, heard by Judge Cameron in the Federal Court of Australia, the applicant sought to recover costs from the first respondent following a proceeding. The central dispute revolved around the appropriate order for costs, particularly in light of a *Calderbank* offer made by the first respondent.

The primary legal issue before the Court was whether the first respondent's *Calderbank* offer was a relevant consideration in determining the costs of the proceeding, and if so, what weight should be given to it. The Court was required to assess the reasonableness of the offer and its impact on the overall costs awarded.

Judge Cameron reasoned that the *Calderbank* offer was a significant factor to be considered when exercising the Court's discretion on costs. The Court found that the offer was reasonable and that the applicant had failed to achieve a more favourable outcome than that offered. Consequently, the Court ordered that the applicant pay the first respondent's costs of the proceeding on a party and party basis. The parties were ordered to bear their own costs for the argument on costs.