Joseph WL Griffiths

Following success at trial in a trust and reconveyance dispute over eleven parcels of real property, the plaintiff sought substantial indemnity costs based on an offer to settle.

The court held that the Simplified Procedure cost cap did not apply because the action predated 1 January 2020 and the value of the claim far exceeded the monetary threshold.

Although the plaintiff's 25 October 2022 offer satisfied Rule 49 and the trial result was more favourable than the offer, the court declined to impose enhanced costs because the underlying arrangement was intended to shield property from creditors and both sides had participated in the improper scheme.

The plaintiff was awarded costs only on a partial indemnity basis throughout.

The applicant was injured in a motor vehicle accident and sought an income replacement benefit (IRB) beyond the 104-week mark.

The insurer denied the benefit, arguing the applicant did not suffer a complete inability to engage in employment.

The Tribunal found that the applicant's accident-related chronic pain syndrome and functional impairments caused a complete inability to engage in any employment for which he was reasonably suited by education, training, or experience.

The Tribunal preferred the evidence of the applicant's chronic pain expert over the insurer's assessors.

The applicant was awarded the IRB of $600 per week and interest on overdue payments.