Theunis VAN EEDEN v Phillip Andrew HENRY; Phillip Andrew HENRY v Theunis VAN EEDEN

• 1. Negligence
  2. › Motor vehicle collision
  3. › No first-hand evidence of accident
  4. › Proof on balance of probabilities
  5. › Whether inferences of negligence could be drawn from physical evidence
  6. › Both claim and counter-claim dismissed
• 1. Appeal
  2. › Appellate review of inferences from primary facts
  3. › Whether trial judge drew correct inferences from undisputed primary evidence
  4. › Trial judge's inferences upheld
• 1. Practice and Procedure
  2. › Costs
  3. › Discretion to award costs
  4. › Dual representation as plaintiff and defendant
  5. › Motor vehicle claims with cross-actions
  6. › Whether court should limit costs where party separately represented in dual capacities
  7. › Whether conflict of interest justified dual representation
  8. › Supreme Court Rules 1970 (NSW), Pt 1 r 3

Quick Take