Endresz v Commonwealth of Australia (No 2) [2019] FCAFC 223 (13 December 2019) (Rares, Markovic and Charlesworth JJ)


Catchwords:


COSTS – application for respondents to pay costs of appeals on indemnity basis and the costs of trial – where respondent’s rejection of appellants’ Calderbank offer not unreasonable in all of the circumstances – where grounds of appeal were arguable but did not have good prospects of success – where appeals could not be allowed by consent unless Court satisfied that there was arguable appealable error by trial judge