Taylor v Stav Investments Pty Ltd as trustee for the Stav Investments Family Trust (No 2); Taylor v LK Group Investments Pty Ltd (No 2) [2023] NSWCA 322

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Taylor v Stav Investments Pty Ltd as trustee for the Stav Investments Family Trust (No 2); Taylor v LK Group Investments Pty Ltd (No 2) [2023] NSWCA 322 Hearing dates: On the papers Date of orders: 19 December 2023 Decision date: 19 December 2023 Before: Mitchelmore JA at [1]; Simpson AJA at [34]; Basten AJA at [35] Decision: (1) Set aside Order 4 made on 9 March 2022 in each of proceedings 2018/00245168; 2019/00376795, and otherwise make no order as to the costs of those proceedings. (2) The respondents pay 60% of the appellants' costs of the appeals. (3) The respondents pay the appellants' costs of the cross-appeals. Catchwords: COSTS — party/party — appeals — exceptions to general rule that costs follow the event — apportionment of costs — where mixed outcome on appeal — where issues sufficiently discrete to warrant apportionment — unsuccessful appeal on causation — significant reduction of damages on appeal COSTS — party/party — exceptions to general rule that costs follow the event — offers of compromise/Calderbank offers — whether offer of compromise complied with requirements of Uniform Civil Procedure Rules 2005 – whether offer complied with Calderbank principle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 98, 101 Evidence Act 1995 (NSW), s 131 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.1, 42.15, 42.34, 42.35, 51.36, 51.47, 51.48 Cases Cited: Alltrans Express Ltd v CVA Holdings Ltd [1984] 1 WLR 394 Australian Conservation Foundation v Forestry Commission (Tas) (1988) 81 ALR 166 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 Nowlan v Marson Transport Pty Ltd (2001) 53 NSWLR 116; [2001] NSWCA 346 Redwood Anti-Ageing Pty Limited v Knowles (No 2) [2013] NSWSC 742 SWM Financial Services Pty Ltd v Lloyd (No 2) [2012] NSWSC 202 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188 Category: Costs Parties: 2022/96995 Andrew George Taylor (First Appellant) John Thomas Charles Wilkinson (Second Appellant) Stav Investments Pty Ltd (ACN 166 722 845) as trustee for the Stav Investments Family Trust (Respondent)