C & E Critharis Constructions Pty Ltd v Cubic Metre Pty Ltd (No 2) [2021] NSWCA 60 (30 April 2021) (Macfarlan JA; McCallum JA)


Catchwords:


ORDERS – judgment published in chambers under special arrangements during the COVID-19 pandemic – whether orders made “in the absence of a party” for the purposes of r 36.16(2)(b) of the Uniform Civil Procedure Rules 2005 (NSW)

COSTS – application for special costs order – where applicant failed to accept offer of compromise – offer requiring applicant to capitulate with no compromise as to costs – whether rules concerning offers of compromise engaged