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Nominal offer to settle does not attract costs advantage.

March 15, 2013

– Quinlan Brothers Limited v Coady, 2012 NLTD(G) 194

This case involved an application pursuant to Rule 20A, seeking an award of costs greater than the party and party costs awarded at trial on the basis that an Offer to Settle, in the amount of $5,000.00, had been made by defendants.

The plaintiff, Quinlan Brothers’, claim was for $150,000.00, plus pre-judgment interest and costs, and had the potential to be “a significant amount”. The defendant was successful and the Quinlan Brothers’ claim was dismissed. The judge stated that had the Quinlan Brothers been successful, it had only proven damages totaling $100,000.00.

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