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Metro North Hospital and Health Service v Stewart [2024] QCA 226

In the legal case of Metro North Hospital and Health Service v Stewart [2024] QCA 226, the Supreme Court of Queensland dealt with a general civil appeal concerning an offer to settle damages arising from negligence. Metro North Hospital (the appellant) offered to settle with Michael Stewart (the respondent) through his litigation guardian, proposing a sum for primary damages with further fees to be agreed upon. The primary court found that the offer did not meet the requirements of the Uniform Civil Procedure Rules 1999 (Qld) because it did not settle the entire claim, specifically under r 353. The Court of Appeal upheld the primary judge's finding, emphasizing that a valid settlement offer must attempt to resolve the entire claim, not just parts of it. Consequently, the appeal was dismissed with costs.


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