Reid v Commercial Club (Albury) Ltd

The appeal concerned a dispute arising from an incident at the respondent's premises where the appellant, Ms Reid, suffered personal injuries. The primary judge had made orders regarding the assessment of costs, including an indemnity costs order against Ms Reid based on a Calderbank offer. Ms Reid appealed against findings on liability, causation, the hypothetical quantification of damages, and the indemnity costs order. She also challenged the primary judge's decisions on grounds of actual or apprehended bias. The appeal was heard in the Court of Appeal of New South Wales, with Emmett and Gleeson JJA and Tobias AJA presiding.

The legal issues before the Court of Appeal included whether the primary judge erred in finding no breach of duty or causation under sections 5B and 5D of the Civil Liability Act, and whether the hypothetical quantification of damages was incorrect. Crucially, the court had to determine the validity of the indemnity costs order made by the primary judge based on the Calderbank offer, and whether the primary judge had demonstrated actual or apprehended bias. Additionally, the court considered a preliminary objection to the competency of the appeal, arguing that the monetary value in issue was less than $100,000, and a summons for leave to appeal concerning an evidentiary ruling and interlocutory costs orders.

The Court of Appeal allowed the appeal in part, specifically in relation to the indemnity costs order made on and from 18 August 2011, which was based on the Calderbank offer. The appeal was otherwise dismissed. The court set aside one of the primary judge's orders and amended another, removing specific wording related to the alternative costs order. The respondent's notice of motion to dismiss a summons for leave to appeal was dismissed with costs. The appellant was ordered to pay the respondent's costs of the appeal, except in relation to the successful part of the appeal concerning the indemnity costs order. The summons for leave to appeal was dismissed, with the appellant ordered to pay the respondent's costs of that summons. The objection to the competency of the appeal was dismissed.