Foote v Dixon

The appeal in *Foote v Dixon* concerned a dispute where the appellant alleged negligence against the respondent. The matter was heard by Murrell CJ, Refshauge and Dowsett JJ.

The primary legal issue before the Full Court was whether the trial judge's finding that the respondent had not breached the standard of care owed to the appellant was sustainable on appeal. A secondary issue related to the costs of the appeal, specifically whether the appellant had acted unreasonably in rejecting a *Calderbank* offer made by the respondent.

The Court found no basis to disturb the trial judge's factual findings regarding the standard of care. The judges applied the established principles for appellate review of findings of fact, concluding that the appellant had failed to demonstrate any error in the trial judge's assessment. Regarding costs, the Court determined that the appellant's refusal to accept the *Calderbank* offer was unreasonable, justifying a departure from the usual order for costs.

Consequently, the appeal was dismissed. The appellant was ordered to pay the respondent's costs of the appeal, with a distinction made for costs incurred before and after specific dates, reflecting the impact of the rejected *Calderbank* offer on the cost order. The respondent's costs were also to include the costs associated with her submissions on the issue of costs.