Capogreco v Rogerson [2016] NSWCA 61

APPEAL – application for leave to appeal – costs – challenge to apportionment of costs – partial success at trial – whether costs should be apportioned as to causes of action where issues intertwined – whether apportionment to be based on pre-trial costs of preparation of evidence – whether costs assessor could allocate costs after the event
COSTS – Calderbank letter – whether offer of fixed costs a genuine offer of compromise

Robert Angyal SC appeared for the appellant