Roberts v Prendergast [2013] QCA 89
| JUDGES: | Chief Justice and Fraser and Gotterson JJASeparate reasons for judgment of each member of the Court, Fraser and Gotterson JJAconcurring as to the order made, Chief Justice dissenting |
| ORDER: | Appellant to pay the respondent’s costs of the appeal on the standard basis. |
| CATCHWORDS: | APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where the appeal was dismissed – where the undisturbed judgment was for the amount of $54,375 comprised of $50,000 general damages for defamation and interest thereon of $4,375 – where the respondent to the appeal made an offer to settle which was rejected prior to the hearing of the appeal for the amount of $29,999 inclusive of interest plus costs on the standard basis – where this offer was made purporting to be pursuant to Chapter 9 Part 5 of the Uniform Civil Procedure Rules 1999 – where the provisions of Chapter 9 Part 5 relating to offers to settle do not apply to proceedings in the Court of Appeal – where the document containing the offer was not headed “without prejudice” – where the document did not state that the respondent reserved the right to rely on it on the issue of costs – whether this document containing the offer could be characterised as a Calderbank offer for the purposes of being awarded costs on the indemnity basis
David Cormack – Brisbane Barrister |
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