by Adrian  30/09/2020  0 Page Views
0 Comments  Discuss legal issues that are of a general nature

I'm writing to seek advice on my current legal matter. 

In 2019 I lodged a statement of claim against a person who stole and maliciously damaged my property. The statement of claim was struck out as the court didn't see it as a statement of claim; instead of keeping to the facts I wrote a novel. I lodged a notice of motion to have the claim reinstated, the court said there was no way that this could happen and I agreed to withdraw the case. 

In 2020 i issued another statement of claim. A month ago the defendants lawyer issued a notice of motion asking that the claim be dismissed as I was estopped from perusing the claim as the other claim had been dismissed. They cited the case Port of Melbourne Authority V Ashun PTY LTD (1981) 147 CLR 589. 

A couple of days later the defendants lawyer contacted me with a settlement offer; we were negotiating this offer but the defendant suddenly changed the terms and I have not heard back from them since. 

I'm wondering why they made an offer if they were confident that the case will be thrown out on the notice of motion. 

Any advice would be much appreciated.