SRA NSW v Kathleen Farrelly

The Supreme Court of New South Wales Court of Appeal considered the distribution of damages between two defendants, the State Rail Authority of New South Wales (SRA) and Pells, in relation to injuries suffered by the plaintiff, Kathleen Farrelly, in two separate accidents. The appeal concerned the assessment of damages and how liability should be apportioned between the SRA and Pells for the plaintiff's injuries.

The primary legal issues before the Court of Appeal were whether the damages awarded to the plaintiff should be distributed between the SRA and Pells, and if so, on what basis. This involved determining the extent to which each defendant's actions contributed to the plaintiff's overall injuries and the appropriate method for apportioning the damages awarded to compensate for those injuries.

The Court of Appeal allowed the appeal by the SRA, finding that the original distribution of damages was incorrect. It dismissed the appeal by Pells. The Court allowed a cross-appeal by the plaintiff, Kathleen Farrelly, against the SRA. The Court ordered that counsel bring in short minutes to give effect to its reasons, and that the SRA's success on its appeal would be reflected in a costs order in its favour.