Recent Cases

Zervas v Burkitt (No 2) [2019] NSWCA 236 (26 September 2019) (Bell P at [1]; Macfarlan JA at [73]; McCallum JA at [74])


APPEAL – Misleading or deceptive conduct – accessorial liability – representation as to future conduct – determination of liability where applicant held liable for causes of action not pleaded against him – whether failure to accept offer of insurance was a failure to mitigate loss – apportionment of liability – variation of costs orders – joint and several liability