Peter Willis v Health Communications Network Ltd (No 2) [2008] NSWCA 2

New South Wales Court of Appeal

CITATION: Peter Willis v Health Communications Network Ltd (No 2) [2008] NSWCA 2

HEARING DATE(S): On the papers

JUDGMENT DATE: 8 February 2008

JUDGMENT OF: Mason P; Tobias JA; McColl JA

(a) Appeal dismissed; (b) Set aside the orders for costs made by his Honour Judge Finnane in the proceedings at first instance and in lieu thereof : DECISION: (i) the appellant to pay 80% of the respondent's costs of the proceedings in the District Court on an ordinary basis up to and including 23 June 2006 and on an indemnity basis thereafter, and, (ii) the respondent to pay 20% of the appellant's costs of the proceedings in the District Court on an ordinary or party/party basis, such costs to be set off against each other. (c) The appellant to pay 80% of the respondent's costs of the summons for leave to appeal and the appeal on an ordinary or party/party basis and the respondent to pay 20% of the appellant's costs of the summons for leave and the appeal on an indemnity basis, such costs to be set off against each other.

CATCHWORDS: Costs - Ordinary costs - Indemnity costs - Costs on a party/party basis - Calderbank offer - Offer of compromise - Whether costs should be paid on an indemnity basis - Settlement negotiations - Reasonableness of offer - Unreasonableness of refusal of offer - Costs at first instance - Costs on appeal - Separate costs in respect of separate claims - Costs where appellant pursues claim on a different basis on appeal - Costs where outcome of appeal is less favourable than offer.

PARTIES: Peter Willis Health Communication Network Ltd

FILE NUMBER(S): CA 40673/06

COUNSEL: A: J de Meyrick R: R Goot SC