Catchwords:

CONTRACTS – Construction – calculation of damages pursuant to Court’s earlier determination of liability – calculation of pre and post judgment interest

CIVIL PROCEDURE – Court of Appeal – submissions did not comply with page limit and used impermissibly small font

CIVIL PROCEDURE – Court of Appeal – Costs orders – costs awarded in court below – appeal successful in part – purported offer of compromise in evidence – offer dependent upon parties negotiating deed of release – inconsistent with meaning of offer of compromise under UCPR – offer did not encompass successful component of claim – refusal of offer not unreasonable – proportion of appellant’s first instance costs liability reduced

CIVIL PROCEDURE – Court of Appeal – Costs orders – indemnity costs awarded in favour of second defendant at first instance – second defendant not party to appeal – not open to challenge first instance costs order

CIVIL PROCEDURE – Court of Appeal – Costs orders – Bullock order sought by appellant – utility of second defendant’s inclusion in first instance proceedings unclear – no uncertainty as to appropriate defendant – no question of insolvency of first defendant – no Bullock order warranted