Catchwords:

COSTS – Party/Party – Bases of quantification – Indemnity basis – Where offers of compromise and Calderbank offers made prior to hearing –– Where issues at trial not straightforward – Rejection of offers and persistence in litigation did not warrant costs order on indemnity basis

COSTS – Party/Party – Appeals – Factors relevant to the court’s discretion when quantifying costs – Whether pre-trial offers relevant in exercise of Court’s discretion when quantifying costs – Court will not usually make special costs order where none of the offers renewed prior to the appeal – Where none of the offers such to warrant an indemnity costs order at first instance – No basis for an indemnity costs order on appeal

COSTS – Party/Party – Interest on costs – The default position is that interest run from the date of the costs order – It is not necessary that the Court makes an order for interest – No evidence or argument addressed why there should be a departure from the default position – No order for interests on costs should be made