Menz v Wagga Wagga Show Society Inc (No 4)

In Menz v Wagga Wagga Show Society Inc (No 4), the plaintiff sought to recover damages for injuries she suffered at the defendant's annual show. The proceedings were ultimately unsuccessful, with a verdict and judgment entered in favour of the defendant. The defendant sought a special costs order based on three offers of compromise served on the plaintiff. The plaintiff argued that she could not consider the offers due to the defendant's defaults in serving expert evidence.

The court had to determine whether the defendant was entitled to a special costs order for the offers of compromise. The key issue was whether the plaintiff could have given proper consideration to the offers, given the defendant's defaults. The court also needed to decide if the offers were substantial enough to warrant an order for special costs.

The court held that the plaintiff was not prevented from giving proper consideration to the offers, despite the defaults. The court noted that the issues were defined by the pleadings, and the plaintiff had access to all necessary information. Two of the three offers were substantial, and there was no reason why the plaintiff could not have considered them. The court found that the plaintiff's inability to consider the offers was not due to any fault of the defendant. Consequently, the court made the orders sought by the defendant.