The Nominal Defendant v Richards (No 2)

The appeal in *The Nominal Defendant v Richards (No 2)* concerned an action brought by Ms Richards against the Nominal Defendant, representing an unidentified driver. The dispute arose from a motor vehicle accident where Ms Richards alleged she suffered injuries due to the negligence of the unidentified driver. The case was heard in the Court of Appeal of New South Wales, with Mason P, Hodgson JA, and Ipp AJA presiding.

The central legal issues before the Court of Appeal were whether the primary judge had erred in finding the unidentified driver liable for Ms Richards' injuries and in assessing the quantum of damages awarded. Specifically, the court had to consider the sufficiency of the evidence presented to establish negligence on the part of the unidentified driver and the appropriateness of the damages awarded in light of that evidence.

The Court of Appeal upheld the appeal, setting aside the orders made by Delaney DCJ. The court reasoned that there were significant deficiencies in the evidence presented at trial, particularly concerning the establishment of liability and the assessment of damages. Consequently, Ms Richards' action was remitted to the District Court for a retrial on both liability and damages. The court further ordered that the Nominal Defendant recover the costs of the appeal from Mr Busbridge, with the costs of the trial to be reserved for the judge presiding at the retrial. Mr Busbridge was also to receive a certificate under the Suitor's Fund Act if otherwise entitled.