The appellants appealed a trial judgment, arguing the trial judge erred in excluding the viva voce evidence of their medical expert because no report was filed.
The Court of Appeal held that even if this was an error, it would not have affected the trial judge's decision on the threshold question, as she had the expert's detailed notes and found the appellant lacked credibility.
However, the Court of Appeal allowed the appeal regarding pre-offer costs.
The trial judge had awarded no costs for proceedings prior to the defendants' settlement offer without providing reasons.
Applying Rule 76.13, the Court found it was reasonable for the plaintiffs to commence the action under the ordinary procedure and awarded them partial indemnity costs up to the date of the offer.
