AB v Keanes (No 2)

The case of AB v Keanes (No 2) was heard in the Supreme Court of Victoria. The plaintiff, AB, is a minor represented by a tutor, while the defendant, Keanes, is a business entity. The dispute arose from an incident where AB sustained injuries, and the plaintiff sought damages for negligence on the part of the defendant. The court was tasked with addressing several issues, including the assessment of indemnity costs, the consideration of offers of compromise, and the service of further medical reports.

The primary legal issues before the court were whether the judgment rendered was no more favourable to the plaintiff than an offer of compromise made by the defendant and whether an alternative order for costs was appropriate. Additionally, the court had to consider the implications of the plaintiff’s tutor falling ill during the period when the defendant’s offer was open. The court had to determine if this illness affected the fairness and reasonableness of the costs order previously made.

In its reasoning, the court held that the judgment was not more favourable than the defendant's offer of compromise, thereby dismissing the defendant's application for indemnity costs. The court found that the plaintiff's costs of the oral application for indemnity costs should be paid by the defendant, as per the agreed or assessed costs. Furthermore, the court confirmed the costs order made in favour of the plaintiff on 20 November 2019, upholding the initial assessment. The illness of the plaintiff’s tutor did not alter the court's view on the reasonableness of the costs order, as it did not impact the proceedings adversely.

The final orders of the court were that the defendant's application for indemnity costs was dismissed, the defendant was to pay the plaintiff’s costs of the oral application, and the previously made costs order in favour of the plaintiff was confirmed.