Duvall v Godfrey Virtue & Co (a firm)

The case before the court involved Duvall, the plaintiff, and Godfrey Virtue & Co (a firm), the defendant. The dispute arose from a property transaction where Duvall claimed that Godfrey Virtue & Co failed to properly advise on the property's condition, leading to a substantial financial loss. The matter was heard in the Supreme Court of Victoria.

The legal issues before the court centered around whether the plaintiff's award of damages was appropriate, given the defendant had made an offer to settle before the appeal was heard. The court was also required to determine whether a special order as to costs should be made, considering the circumstances of the offer and the eventual outcome of the case.

The court found that the original award of damages was less than the offer to settle made by the defendant prior to the appeal. The judge considered the terms of the offer and the conduct of both parties throughout the proceedings. It was noted that the plaintiff had not accepted the offer, which had been made after the appeal was filed but before it was heard. The court held that under these circumstances, it was appropriate to make a special order regarding costs. The special order was intended to reflect the fact that the defendant's offer, which the plaintiff had not accepted, was more favourable than the final award of damages.

The final order of the court was to make a special costs order, recognising the defendant's offer to settle and the plaintiff's failure to accept it. This order was intended to address the unusual situation where the settlement offer was more favourable than the final award of damages.