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Pratt v Kier Regional Limited

9 July 2000
The issues

Small claims matter – unreasonable behaviour – Costs Order

The facts

The Claimant had an RTA when his vehicle which was parked and unattended was struck from behind by the Defendant’s vehicle. The Defendant filed a Defence disputing liability. 7 days prior to the hearing the Defendant offered to settle the claim. The Claimant maintained that the Defence was an abuse and represented unreasonable conduct.

The decision

The Defence was an abuse when it purported to put liability in issue when there was no issue as to liability. The conduct was therefore unreasonable and costs were assessed at the hearing.

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