Ryan v Eastlake Football Club Limited (No 2)

Mark Ryan commenced proceedings against Eastlake Football Club Limited in the Supreme Court of the Australian Capital Territory. The plaintiff claimed damages for an incident which occurred at Eastlake Football Club. The defendant made offers of compromise in December 2017. The plaintiff rejected the offers and commenced proceedings against the defendant. The plaintiff was successful and the court awarded damages of $57,500 plus costs. The defendant sought to vary the costs orders to reflect the offers made in December 2017. The defendant submitted that the plaintiff unreasonably rejected the offers. The plaintiff contended that the offers were made in December 2017, a significant period prior to the matter proceeding to hearing in 2019 and concluding in 2020. The plaintiff submitted that at the point the offer was made, the expert evidence to be relied upon at the hearing was not known, nor was it known that the matter would occupy over 20 days for hearing. The plaintiff also noted that he did not believe that his solicitor at the time had informed him of the offer in 2017. The court found that it was not persuaded that the case for indemnity costs had been made out by the defendant. The court further found that the defendant had satisfied the requirements for the orders sought. The court ordered that the defendant pay the plaintiff's costs on a party-party basis up to 7 December 2017 and that the parties bear their own costs thereafter.