DITTON v WHITTON [1997] NSWCA 88

DITTON v WHITTON [1997] NSWCA 88

The trial judge's apportionment of 85% liability to the appellant and 15% to the respondent was within his discretion, given the dangerous manoeuvre undertaken by the appellant and only slight negligence shown by the respondent. No error in principle or misapplication of evidence was demonstrated.

Parties
Appellant: URJ Ditton; Respondent: Maria Christine Whitton
Jurisdiction
Australia
Judgment Date
05 September 1997
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
appeal dismissed
Legal Topics
Apportionment of Liability, Negligence, Indemnity Costs, Offer of Compromise
Tort Apportionment of Liability Negligence Indemnity Costs Offer of Compromise

Case Brief

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Parties

URJ Ditton

Appellant

Maria Christine Whitton

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the trial judge's apportionment of liability between the parties was an error
  2. 2 Whether indemnity costs should be ordered owing to an offer of compromise

Ratio Decidendi

The trial judge's apportionment of 85% liability to the appellant and 15% to the respondent was within his discretion, given the dangerous manoeuvre undertaken by the appellant and only slight negligence shown by the respondent. No error in principle or misapplication of evidence was demonstrated.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay the respondent's costs on an indemnity basis