Hungry Jack’s Pty Ltd v Fourtounas (No 2) [2021] NSWCA 26 (05 March 2021) (Basten JA; White JA)


Catchwords:


APPEAL – application for leave refused – costs ordered – application to vary order – offer of compromise – indemnity costs sought

COSTS – indemnity costs – offer of compromise – whether offer open for reasonable period – whether offer involved compromise – default entitlement – power to order otherwise – onus on applicant to establish reasons for different costs order – Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 42.15A