Tuson v Murphy

Costs – Assessment. In a personal injury case, even though the claimant's material non-disclosure could properly be described as dishonest, and was certainly misleading, the judge's exercise of his discretion in relation to assessing costs for a vacated trial was flawed. The defendant was to pay the claimant's costs up to the 8 October 2015, the date on which the 21 day period for acceptance of the Pt 36 offer expired.

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