The Claimant rejects a court offer and ends up with nothing…
So was the outcome of a recent hearing, which incurred a delay as the judge had encouraged the parties to seek settlement terms.
Negotiations proceeded outside the court while the case waited to be called back in. An agreement was brokered, whereby our client offered a price reduction, which the Claimant accepted, and a Tomlin Order was drawn up ready for approval by the judge. However, the Claimant had a change of heart and decided not to agree with such terms, a decision she would later rue.
Upon attending back before the judge, the Claimant admitted that she had failed to serve her evidence on our client, as required.
The judge took the Claimant to the Order giving directions for witness evidence and noted that evidence was to be sent to both the court and the opposing party. The judge also noted the Order did not use complicated legal language but instead employed easily comprehensible terms in plain English to explain what was required.
The judge contemplated an adjournment, but after suitable representations made by the advocate in attendance on behalf of our client, the judge was of the view that it would be inappropriate to require our client to proceed blind or adjourn and prejudice their position and so dismissed the claim.
While the judge did not accept that the Claimant’s conduct was so unreasonable as to make an order for costs against her, the dismissal alone hit the bullseye!
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