Sometimes it is best to settle a case for less

Tenth Vandy Pty Ltd v Natwest Markets Australia Ltd; Thomas v Natwest Markets Australia Ltd [2012] VSCA 103

Introduction

In this edition of Expert Matters, Sally Davitt, a director in our Sydney office, considers a case where an expert admitted to being "reckless" in his quantification of damages in circumstances where his report was alleged to have been used as the basis for a settlement offer.

Background

Mr Thomas operated "The Inn Things", a cafe in Waverley Gardens Shopping Centre in Victoria, through his company, Tenth Vandy Pty Ltd ('the appellant'). The shopping centre was extensively renovated, during which time the café remained open but was not itself renovated.