Case Studies

Early strategy key in Woolworths slip & fall matter

Iacopetta v Woolworths Ltd [2015] NSWCA 87

Mrs Iacopetta was a very optimistic plaintiff.  We recognised very early in the matter that liability was not a strong point and therefore we worked with Woolworths to develop a strategy whereby we would make an early offer of compromise to provide costs protection.  The offer of compromise was made eight months prior to trial and ultimately, we beat that offer by some margin.

This left the plaintiff in quite a predicament because our costs for running the matter for seven months were recoverable on an indemnity basis out of her award of approximately $80,000.

Mrs Iacopetta appealed to the Court of Appeal and three Judges did not grant leave for her to proceed.  In the end, despite having an award of approximately $80,000, the plaintiff and her lawyers were left with nothing.

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