Bossley v Nominal Defendant [2007] NSWDC 298

Bossley v Nominal Defendant [2007] NSWDC 298

Although the plaintiff did not comply with the 24-hour reporting requirement, he gave a satisfactory explanation and did report the accident shortly after 27 January 2005. His searches for the unidentified vehicle were due and appropriate in the circumstances. The Court accepted that the accident occurred as he...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 November 2007
Procedural Posture
Civil Motor Vehicle Accident Personal Injury Claim Against the Nominal Defendant / Ex Tempore Judgment After Hearing
Outcome
Verdict and judgment for the plaintiff in the sum of $85,270.85, with costs ordered against the defendant.
Legal Topics
['unidentified Motor Vehicle' 'due Inquiry and Search' 'failure to Report Accident Within 24 Hours' 'satisfactory Explanation' 'causation of Wrist Injury' 'loss of Earning Capacity' 'offer of Compromise and Indemnity Costs']
['motor Accidents Compensation' 'negligence' 'personal Injury' 'civil Procedure Costs'] ['unidentified Motor Vehicle' 'due Inquiry and Search' 'failure to Report Accident Within 24 Hours' 'satisfactory Explanation' 'causation of Wrist Injury' 'loss of Earning Capacity' 'offer of Compromise and Indemnity Costs']

Source-derived case record

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Procedural Posture

Civil Motor Vehicle Accident Personal Injury Claim Against the Nominal Defendant / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether section 70 of the Motor Accidents Compensation Act 1999 had been complied with.' 'If section 70 had not been complied with, whether there was a satisfactory explanation for the failure to comply.' 'Whether there was due search and inquiry into the identity of the other alleged motor vehicle.' 'Whether the accident occurred in the manner described by the plaintiff.' 'The nature and extent of the injury and whether it resulted from the alleged motor vehicle accident.' "The extent to which the injury affected the plaintiff's income earning capacity." 'The amount to be allowed for out of pocket expenses, past and future.']

Ratio Decidendi

Although the plaintiff did not comply with the 24-hour reporting requirement, he gave a satisfactory explanation and did report the accident shortly after 27 January 2005. His searches for the unidentified vehicle were due and appropriate in the circumstances. The Court accepted that the accident occurred as he described, that the unidentified driver was negligent by being on the wrong side of the road, and that the plaintiff's current wrist condition arose from the accident. The injury caused past loss for the post-surgery period, future diminution of earning capacity, and out of pocket expenses, warranting judgment for the plaintiff.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $85,270.85, with costs ordered against the defendant.

Orders

  • ['There will be verdict and judgment for the plaintiff in the sum of $85,270.85.' "The defendant is to pay the plaintiff's costs on an ordinary basis up to and including 1 December 2006 and on an indemnity basis thereafter." 'Exhibits will be retained for 28 days.']