Offer Of Compromise - Two Months Within Hearing - Beware The Pitfalls

Pittorino v Yates [2009] NSWCA 87
Judgment of Beazley JA, Tobias JA and Handley AJA

In Brief

• In determining whether the time allowed for acceptance of an Offer of Compromise made within two months of a hearing date is reasonable in all the circumstances, a Court will consider circumstances occurring after the date on which the offer was made.

Background

• The plaintiff's claim arose out of a motor vehicle accident which occurred in 2004. The plaintiff sustained orthopaedic injuries including a fractured dislocation of her C6/C7 vertebra.
• The plaintiff's solicitor qualified Dr Hopcroft, a general surgeon. The defendant relied on reports by Dr Matheson, a neurosurgeon, and Dr Blue, an orthopaedic surgeon.