Paying the Price - Cost Implications of Offers, Credibility and Unmeritorious Arguments

Partridge -v- Hobart City Council & Ors (No2) [2013] TASFC 1

Background

• The appellant sued the respondents for damages in respect of injuries suffered as a result of a fall down an external stairway.
• Prior to trial the respondents made an offer of compromise to the appellant in the sum of $300,000 plus party/party costs which was not accepted. Also, the appellant made an offer of compromise to concede 30% contributory negligence which was not accepted.
• At first instance the appellant was awarded $295,350, being significantly less than the damages she sought and less than the respondent's offer of compromise. A finding of 20% contributory negligence was made, being less than what the appellant had offered to concede.