Bell v Veigel; Bell v Broughton; Broughton v Veigel (No 2)

The proceedings involved appeals and cross-appeals concerning a trial before Coorey DCJ. The primary dispute appears to have involved claims related to an offending vehicle and its owner/driver, with multiple parties involved as appellants, respondents, and cross-claimants. The appeals were heard by Mason P, Giles JA, and Tobias JA in the Court of Appeal.

The central legal issues before the Court of Appeal included the determination of costs in circumstances where offers of compromise had been made, the application of the general rule that costs follow the event, and the allocation of costs for the whole action, including appeals and cross-appeals, particularly in the context of co-defendants and multiple matters. The court was also required to consider the setting aside of previous judgments and orders and the remittal of certain issues for a new trial.

The Court of Appeal upheld the appeals and cross-appeals in part, setting aside most of the previous judgments and orders made by Coorey DCJ. The court remitted the matter for a new trial, limited to the issues concerning the identity of the offending vehicle and its owner/driver. Costs of the appeals and cross-appeals were generally awarded in favour of the successful parties, with specific orders made for the payment of costs between various parties. The costs of the trial before Coorey DCJ were largely left to the discretion of the judge who would hear the new trial, with certain exceptions. Notably, several costs orders were stayed pending the outcome of an appeal to the High Court.