Arian v Nguyen

The appeal concerned a motor vehicle accident in which the appellant, riding a bicycle, suffered injuries. The appellant had recovered judgment for damages in the amount of $5,210.20, but appealed this assessment and the subsequent costs order. The primary issue before the court was whether the appellant had exaggerated their symptoms, leading to a finding that the appellant's testimony was unsatisfactory and lacked credibility due to inconsistencies.

The court was required to determine the impact of the appellant's lack of credibility on the assessment of damages and the subsequent order regarding costs. Specifically, the court considered whether the appellant's conduct warranted depriving them of costs, or even ordering them to pay the respondent's costs, under relevant District Court Rules concerning offers of compromise and the court's discretion to award costs against a successful party.

The court found that the appellant's lack of credibility significantly undermined their claim for damages, leading to the dismissal of the appeal regarding the quantum of damages. However, the appeal concerning the costs order was upheld. The trial judge's costs order was set aside, and a new order was made: the respondent was to pay the appellant's costs for the first day of the trial, excluding costs related to specialist medical reports. Conversely, the appellant was ordered to pay the respondent's costs for the remainder of the trial and 75 per cent of the respondent's costs for the appeal.