Catchwords

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH DISCRETION OF COURT BELOW – PARTICULAR CASE – OTHER MATTERS – COSTS – where judgment given at trial more favourable than plaintiff’s offer to settle – where trial judge ordered second defendant to pay plaintiff’s costs on an indemnity basis – where plaintiff ordered to pay first defendant’s costs – where sum of damages reduced on appeal – where substituted judgment not more favourable than the plaintiff’s offer to settle – where submissions as to costs invited – where agreement that costs should only be on a standard basis – where second defendant submitted the defendants’ joint pre-trial offer was more favourable than the substituted judgment having regard to costs for which the plaintiff is liable – where quantum of costs not agreed or assessed – whether second defendant liable for plaintiff’s costs of the trial

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where second defendant made offer post-judgment and pre-appeal – where offer more favourable than judgment on appeal – whether plaintiff/respondent liable for second defendant/appellant’s costs of the appeal on an indemnity basis from the date of the offer