The Court held that compliance with s 61 of the Civil Law (Wrongs) Act 2002 (ACT) is assessed by reference to the specific Notice of Claim served, and a respondent is not obliged to investigate potential causes of action not particularised in that notice. Where a plaintiff succeeds on an alternative claim sharing substantially overlapping evidence with the primary claim, courts may decline significant proportionate costs reductions, instead making modest percentage reductions and excluding costs referable to discrete unsuccessful issues (here, one expert witness).
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