A sum paid by a defendant after commencement of proceedings but before judgment can be 'recovered' in the proceeding for the purposes of s 58(1) of the Supreme Court Act 1986 (Vic) where there is a clear causal relationship between the proceeding and the payment, without the need for judgment to be entered. A compensation sum becomes a 'sum certain' when both parties accept that the amount payable is not less than a fixed sum, even if the total entitlement remains in dispute. A defendant who does not raise the 'good cause' defence at trial will generally not be permitted to raise it on appeal. The question of whether the Bevelon principle extends to cases where the plaintiff's substantive claim is dismissed on the merits was left open by the dissent.
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