Mega-Top Cargo Pty Ltd v Moneytech Services Pty Ltd [2016] NSWCA 3 (23 February 2016)

On 3 February 2016, the NSW Court of Appeal delivered a judgment on an application for indemnity costs by a successful respondent to an appeal. The Court of Appeal found that an Offer of Compromise that amounted to a request for a “capitulation” when no evidence was brought of significant costs being incurred by the successful party prior to the offer did not warrant the making of an indemnity costs order.