Recent Cases

Brittliffe v Brown [2022] NSWCA 263 (14 December 2022) (Meagher and Mitchelmore JJA, Basten AJA)


TORTS – motor vehicle accident – personal injury – where appellant injured in single vehicle motorbike accident – whether primary judge erred in finding appellant was driver of motorbike at time of accident rather than pillion passenger

COSTS – offer of compromise – where joint offer made – where one offeror settles proceedings before trial and other offeror proceeds to judgment – where plaintiff’s outcome in each case no more favourable than offer – whether other offeror entitled to order for indemnity costs under UCPR r 42.15A