Omoregie v Peter Kaiser Simpson and P K Simpson & Co Pty Ltd t/as P K Simpson & Co

The appeal concerned a claim for negligence brought by the plaintiff, Omoregie, against the defendant legal practitioners, Peter Kaiser Simpson and P K Simpson & Co Pty Ltd, trading as P K Simpson & Co. The dispute arose from the defendants' alleged failure to institute proceedings under the *Motor Accidents Act* for an injury sustained by the plaintiff, despite a successful workers compensation claim for the same injury. The matter was heard in the Supreme Court of New South Wales.

The central legal issues before the court were whether the defendants were negligent in failing to commence motor accident proceedings, and if so, how damages should be assessed. Specifically, the court had to consider whether any damages awarded against the solicitors should be reduced by the amount the plaintiff would be required to repay to the workers compensation insurer from any damages recovered for the original injury. Furthermore, the court considered whether a new trial was warranted, particularly in light of an indemnity costs order made at first instance due to the rejection of a *Calderbank* offer, and whether such a new trial would be futile and contrary to the plaintiff's interests.

The court determined that a new trial would be futile and not in the plaintiff's best interests, as any notional damages awarded would likely be less than the amount required to be repaid to the workers compensation insurer, thus failing to avoid further indemnity costs. Consequently, leave to appeal was refused, and the summons for leave to appeal was dismissed with costs.