Tvedsborg v Vega

The New South Wales Court of Appeal considered an appeal by Mr Tvedsborg concerning his liability for injuries sustained by Ms Vega, a pillion passenger on his motorcycle. Ms Vega had also brought a cross-claim against the Nominal Defendant, alleging negligence on the part of an unidentified driver. The primary dispute involved the apportionment of liability between Mr Tvedsborg and the Nominal Defendant for Ms Vega's injuries.

The Court was required to determine whether Mr Tvedsborg owed a duty of care to Ms Vega as a pillion passenger and, if so, whether he breached that duty. Additionally, the Court had to consider the duty of care owed by Mr Tvedsborg to another motorcyclist involved in the incident, and the extent to which liability should be apportioned between Mr Tvedsborg and the Nominal Defendant, given the circumstances of the accident.

The Court of Appeal upheld the trial judge's finding of liability against Mr Tvedsborg, concluding that he owed a duty of care to Ms Vega and had breached it. However, the Court allowed Mr Tvedsborg's appeal in relation to his cross-claim against the Nominal Defendant and allowed Ms Vega's cross-appeal against the Nominal Defendant. The Court found that the unidentified driver, represented by the Nominal Defendant, was also negligent. Liability was apportioned between Mr Tvedsborg and the Nominal Defendant at 75 per cent and 25 per cent respectively. The matter was remitted to the District Court for the assessment of damages.