Azzopardi v. Constable; Azzopardi v. Thompson

The appeals in *Azzopardi v. Constable* and *Azzopardi v. Thompson* were heard by the Court of Appeal of New South Wales, presided over by Hodgson JA, Ipp JA, and McColl JA. The dispute arose from a motor accident, with the appellant alleging factual errors by the primary judge regarding findings of negligence and the apportionment of contributory negligence.

The central legal issues before the Court of Appeal were whether the primary judge had erred in finding the appellant negligent and whether the apportionment of contributory negligence was unreasonable in the circumstances of the accident.

The Court of Appeal allowed the appeals, finding that the primary judge's findings and apportionment were indeed unreasonable. The court varied the verdicts and judgments for the respondents by substituting a 50% reduction for contributory negligence in each case, making consequential amendments to reflect this adjustment. The respondents were ordered to pay two-thirds of the appellant's costs for the appeals, with a provision for a Suitors' Fund certificate if they otherwise qualified.