Brittliffe v Brown [2022] NSWCA 263

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Brittliffe v Brown [2022] NSWCA 263 Hearing dates: 9 August 2022 Date of orders: 14 December 2022 Decision date: 14 December 2022 Before: Meagher JA at [1]; Mitchelmore JA at [94]; Basten AJA at [95] Decision: Appeal dismissed with costs. Catchwords: 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 Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 119 Uniform Civil Procedure Rules 2005 (NSW), r 42.15A Cases Cited: R v Baskerville [1916] 2 KB 658 RHG Mortgage Limited v Ianni [2016] NSWCA 270 Ridley v Whipp (1916) 22 CLR 381; [1916] HCA 76 Whisprun Pty Ltd v Dixon [2003] HCA 48; (2003) 77 ALJR 1598 Category: Principal judgment Parties: Dylan Patrick Brittliffe (Appellant) Maurice James Brown (First Respondent) Insurance Australia Ltd t/as NRMA Insurance (Second Respondent) Representation: Counsel: D Toomey SC with A Naylor (Appellant) J Catsanos SC with B Jones (Second Respondent)