Grima v RFI (Aust) Pty Ltd (No 2) [2014] NSWCA 397

Grima v RFI (Aust) Pty Ltd (No 2) [2014] NSWCA 397

The Court determined that costs should not be apportioned as between Mr Grima and RFI because the liability and responsibility issues were intertwined and inseparable; responsibility for negligence should be apportioned 75% to RFI and 25% to Allied contrary to the trial judge's 50/50 apportionment; Mr Grima was not guilty of contributory negligence; and Mr Grima's entitlement to interest against RFI required further factual determination.

Parties
Appellant: Carmel Grima; First Respondent: RFI (Aust) Pty Ltd t/as Regen Foam; Second Respondent: Allied Overnight Express Pty Ltd
Jurisdiction
Australia
Judgment Date
21 November 2014
Procedural Posture
Appeal / Judgment on Costs and Final Orders After Appeal
Outcome
Orders of the primary judge partially set aside and substituted; appeal allowed in part; cross-appeal dismissed; Mr Grima awarded costs of the appeal; further determination of interest remitted.
Legal Topics
Costs Apportionment, Apportionment of Liability, Contributory Negligence, Cross Claims
Civil Procedure Negligence Costs Apportionment Apportionment of Liability Contributory Negligence Cross Claims

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Parties

Carmel Grima

Appellant

RFI (Aust) Pty Ltd t/as Regen Foam

First Respondent

Allied Overnight Express Pty Ltd

Second Respondent

Procedural Posture

Appeal / Judgment on Costs and Final Orders After Appeal

Legal Issues

  1. 1 Whether costs should be apportioned to separate issues in the appeal
  2. 2 Whether apportionment of liability between RFI and Allied should be altered from 50/50 to 75/25
  3. 3 Whether Mr Grima was guilty of contributory negligence

Ratio Decidendi

The Court determined that costs should not be apportioned as between Mr Grima and RFI because the liability and responsibility issues were intertwined and inseparable; responsibility for negligence should be apportioned 75% to RFI and 25% to Allied contrary to the trial judge's 50/50 apportionment; Mr Grima was not guilty of contributory negligence; and Mr Grima's entitlement to interest against RFI required further factual determination.

Court Disposition

Orders of the primary judge partially set aside and substituted; appeal allowed in part; cross-appeal dismissed; Mr Grima awarded costs of the appeal; further determination of interest remitted.

Orders

  • Set aside primary judge's orders (1), (3), (5), (6), (8) of 10 February 2014.
  • Judgment for Carmel Grima against RFI (Aust) Pty Ltd in the sum of $4,395,000.