Allen v Taylor

In *Allen v Taylor*, the applicant sought to vary earlier court orders to include the issue of contributory negligence, in addition to damages. The respondent had not raised contributory negligence during the appeal proceedings. The matter came before the Supreme Court of New South Wales.

The central legal issue before the Court was whether the respondent should be placed in the position she would have occupied had the trial judge found negligence against her, despite contributory negligence not having been raised in the appeal proceedings. This required the Court to consider the application of Supreme Court Rules Part 40 rule 9 and Part 51 rule 22.

The Court granted the motion. This indicates that the Court was persuaded that the circumstances warranted the variation of the earlier orders to permit the issue of contributory negligence to be considered, notwithstanding its omission from the initial appeal.