Bogle v Kasan [2013] NSWSC 295

Bogle v Kasan [2013] NSWSC 295

The rejection of the Calderbank offer by the plaintiff was not unreasonable at the relevant time due to the absence of expert evidence from the defendant and the organic nature of litigation. The usual costs order of the defendant paying the plaintiff's costs should not be departed from. The settlement for $495,000 plus costs was approved as being beneficial to the interests of the plaintiff, a minor under disability.

Parties
Plaintiff: Wei-Ping Bruce Bogle by his tutor Yu-Ping Li; Defendant: Dr Pravin Kasan
Jurisdiction
Australia
Judgment Date
08 March 2013
Procedural Posture
Civil Negligence / Approval of Settlement and Costs Determination
Outcome
settlement approved; judgment for plaintiff for $495,000 plus costs; defendant's application dismissed with costs
Legal Topics
Costs, Calderbank Offer, Approval of Settlement, Minor Under Disability, Parens Patriae Jurisdiction
Tort Practice and Procedure Costs Calderbank Offer Approval of Settlement Minor Under Disability Parens Patriae Jurisdiction

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Parties

Wei-Ping Bruce Bogle by his tutor Yu-Ping Li

Plaintiff

Dr Pravin Kasan

Defendant

Procedural Posture

Civil Negligence / Approval of Settlement and Costs Determination

Legal Issues

  1. 1 whether the settlement of the plaintiff's claim should be approved under s 76 of the Civil Procedure Act 2005, given the plaintiff is a minor
  2. 2 whether the usual order of costs following the event should be varied in light of the defendant's Calderbank offer

Ratio Decidendi

The rejection of the Calderbank offer by the plaintiff was not unreasonable at the relevant time due to the absence of expert evidence from the defendant and the organic nature of litigation. The usual costs order of the defendant paying the plaintiff's costs should not be departed from. The settlement for $495,000 plus costs was approved as being beneficial to the interests of the plaintiff, a minor under disability.

Court Disposition

settlement approved; judgment for plaintiff for $495,000 plus costs; defendant's application dismissed with costs

Orders

  • The defendant's application of 1 February 2013 be dismissed with costs.
  • Pursuant to section 76 of the Civil Procedure Act 2005, the settlement of the plaintiff's claim is approved.