Teoh v Greenway

In the case of Teoh v Greenway, the plaintiff, Teoh, sought damages for personal injuries sustained in a motor vehicle accident against the defendant, Greenway. The dispute involved the admissibility of evidence of a settlement offer made by the defendant as an acknowledgment of the plaintiff’s cause of action, which would affect the commencement date of the limitation period. The case was heard in the Supreme Court of the Australian Capital Territory.

The legal issues at the heart of the case centred on the interpretation of section 131(2)(i) of the Evidence Act 2011 (ACT), which pertains to the admissibility of evidence of a settlement offer. The key questions were whether the making of a settlement offer could be considered an acknowledgment of the plaintiff's cause of action and whether it affected the right of the party under the statute. Specifically, the court had to determine if the settlement offer made by the defendant could be construed as an acknowledgment that would trigger the limitation period.

The Supreme Court of the Australian Capital Territory examined the Master’s interpretation of section 131(2)(i) of the Evidence Act 2011 (ACT). The court found that the Master had erred in his interpretation of the statute, concluding that the making of a settlement offer did not constitute an acknowledgment of the plaintiff’s cause of action. Consequently, the court held that the settlement offer did not affect the plaintiff's right under the statute. The appeal was upheld, and the decision of the Master was set aside.

The final orders of the court were that the appeal was upheld, the decision of the Master was set aside, summary judgment was entered for the defendant, and the respondent was ordered to pay the appellant's costs of the appeal.