TRANSPORT ACCIDENT COMMISSION v COYLE

3 VR 589·Brooking, Phillips and Batt JJA
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3 VR 589
TRANSPORT ACCIDENT COMMISSION v COYLE SUPREME COURT OF VICTORIA Brooking, Phillips and Batt JJA 10, 19 December 2001 [2001] VSCA 0236 Accident compensation — Transport accident — Costs — Offer to settle — Costs penalty if outcome not more favourable than offer — Administrative law — Victorian Civil and Administrative Tribunal — Review of decision of Transport Accident Commission — Proposal by commission to end proceeding — Whether an offer to settle — Whether proposal must contain element of compromise to be an offer to settle — Meaning of “settle” and “settlement” — Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 112, Sch 1, item 93 — Transport Accident Act 1986 (No 111) ss 77,  79..

Section 112 of the Victorian Civil and Administrative Tribunal Act 1998 (“VCAT Act”) provided in part as follows:

  • (a)a party to a proceeding (other than a proceeding for a review of a decision) gives another party an offer in writing to settle the proceeding; and
  • (b)the other party does not accept the offer within the time the offer is open; and
  • (c)the offer complies with sections 113 and 114; and
  • (d)in the opinion of the Tribunal, the orders made by the Tribunal in the proceeding are not more favourable to the other party than the offer.

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