Recent Cases

Rialto Sports Pty Limited (Admins Apptd) v Cancer Care Associates Pty Limited; CCA Estates Pty Limited; Davjul Holdings Pty Limited; Armmam Pty Limited (No 3) [2023] NSWCA 279 (24 November 2023) (Bell CJ and Gleeson JA)


Catchwords:


PRACTICE AND PROCEDURE – reference on appeal – adoption of referee’s report – whether referee erred in construction of contract

COSTS – at trial and on appeal – Calderbank offer at trial – joint offer by multiple parties – offer of compromise not renewed on appeal – late concessions by party on appeal – whether special costs order appropriate at trial and on appeal