Imbree v McNeilly [No 2]; McNeilly v Imbree [No 2]

The High Court of Australia considered the appeal and cross-appeal in *Imbree v McNeilly [No 2]* and *McNeilly v Imbree [No 2]*. The dispute concerned the assessment of damages and costs following a motor vehicle accident.

The primary legal issues before the High Court were the appropriate assessment of the plaintiff's damages, including the extent of contributory negligence, and the basis upon which costs should be awarded, particularly in light of a *Calderbank* offer made by the defendants.

The Court reasoned that the plaintiff's damages, before reduction for contributory negligence, should be assessed at $11,323,622.46. It determined that a reduction of 30 per cent for contributory negligence was appropriate. Crucially, the Court ordered that the plaintiff should recover the costs of the proceedings at first instance on the ordinary basis up to 22 March 2006, and thereafter on an indemnity basis, reflecting the significance of the *Calderbank* offer made by the defendants. The Court also ordered that the costs of the appeal and cross-appeal to the Court of Appeal, as well as the costs of the appeal to the High Court, be assessed on an indemnity basis.