The case confirms that appellate courts will not lightly interfere with trial judges' findings on apportionment of contributory negligence or assessment of non-economic loss as a proportion of 'a most extreme case' under the Motor Accidents Act 1988 (NSW). Fitzgerald AJA's dissent on interest provides a detailed analysis of s 73(4)(a)(i), arguing that a defendant's belief in prospects of reducing damages does not justify making no offer at all — though this was not the majority view. The characterisation of the 'most extreme case' determination (discretionary vs mixed fact and law) was left open.
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