NSW Caselaw
New South Wales Court of Appeal
CITATION: Butt v Mrowka [2010] NSWCA 108
HEARING DATE(S): 15 April 2010
JUDGMENT DATE: 17 May 2010
JUDGMENT OF: Tobias JA at 1; McColl JA at 2; Sackville AJA at 3
(1) Appeal dismissed DECISION: (2) The appellant pay the respondent's costs of the appeal (3) The respondent's application for leave to cross-appeal be dismissed (4) The respondent pay the appellant's costs of the application for leave to cross-appeal
CATCHWORDS: NEGLIGENCE—motor vehicle accident on narrow track—collision between motorcycle driven by appellant and station wagon driven by respondent—appellant injured—primary Judge found negligence not made outAPPELLATE REVIEW—unchallenged physical evidence—evidence supports primary Judge's findingCOSTS—respondent's offer of compromise—primary Judge found that the offer contained no genuine element of compromise—respondent's cross-appeal involves no issue of principle
LEGISLATION CITED: Civil Liability Act 2002Uniform Civil Procedure Rules 2005
CASES CITED: Derrick v Cheung [2001] HCA 48; 181 ALR 301Fox v Percy [2003] HCA 22; 214 CLR 118Hobartville Stud Pty Ltd v Union Insurance Co Ltd (1991) 25 NSWLR 358Knight v Maclean [2002] NSWCA 314Leichhardt Municipal Council v Green [2004] NSWCA 341The Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No 2) [2006] NSWCA 120; 67 NSWLR 706Vairy v Wyong Shire Council [2005] HCA 62; 223 CLR 422
PARTIES: Christopher Butt (Appellant) William Mrowka (Respondent)
FILE NUMBER(S): CA 2009/00298282
COUNSEL: P Maiden SC; M Holz (Appellant) K P Rewell SC; M A Cleary (Respondent)
SOLICITORS: Byrnes & Cox Lawyers (Appellant) Sparke Helmore Lawyers (Respondent)
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