Brittliffe v Brown

[2022] NSWCA 263

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Motor vehicle accident
3. › Personal injury
4. › Single vehicle motorcycle accident
5. › Whether appellant was rider or pillion passenger
6. › Assessment of eyewitness, expert and lay evidence
7. › Whether primary judge erred in factual finding
1. Costs
2. › Offer of compromise
3. › Joint offer by two defendants
4. › One offeror settles before trial
5. › Whether remaining offeror entitled to indemnity costs
6. › Whether condition in UCPR r 42.15A(1) satisfied
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.15A

Quick Take

Where a joint offer of compromise is made by two defendants and one settles separately before trial, the remaining defendant may still rely on the joint offer for indemnity costs under UCPR r 42.15A if the condition in r 42.15A(1) is satisfied in relation to each offeror.

Case Details

Citation[2022] NSWCA 263

CourtNSWCA

JurisdictionNew South Wales

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Relies on2

2016RHG Mortgage Corporation Ltd v IanniNSWCA 270
2003Whisprun Pty Ltd v DixonHCA 48
Ridley v WhippHCA 76

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