Appeal costs: standard v indemnity

Roberts v Prendergast [2013] QCA 89


JUDGES: Chief Justice and Fraser and Gotterson JJASeparate reasons for judgment of each member of the Court, Fraser and Gotterson JJAconcurring as to the order made, Chief Justice dissenting
ORDER:  Appellant to pay the respondent’s costs of the appeal on the standard basis.
CATCHWORDS:  APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE  –  QUEENSLAND  –  POWERS  OF COURT – COSTS – where the appeal was dismissed – where the undisturbed judgment was for the amount of $54,375 comprised of $50,000 general damages for defamation and interest thereon of $4,375 – where the respondent to the appeal made an offer to settle which was rejected prior to the hearing of the appeal for the amount of $29,999 inclusive of interest plus costs on the standard basis – where this offer was made purporting to be pursuant to Chapter 9 Part 5 of the Uniform Civil Procedure Rules 1999 – where the provisions of Chapter 9 Part 5 relating to offers to settle do not apply to proceedings in the Court of Appeal – where the document containing the offer was not headed “without prejudice” – where the document did not state that the respondent reserved the right to rely on it on the issue of costs – whether this document containing  the  offer  could  be  characterised  as a Calderbank offer for the purposes of being awarded costs on the indemnity basis 

David Cormack – Brisbane Barrister

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