Chase v Blue Op Partner Pty Ltd & Ors [2021] NSWDC 249

Chase v Blue Op Partner Pty Ltd & Ors [2021] NSWDC 249

The plaintiff's pleaded claim was for damages for personal injury allegedly caused by the defendants' negligence as owners of the truck. The alleged defects and failures concerned inspection, maintenance, safety audit and warning about a faulty pneumatic air suspension seat. Those matters were part of, or inseparable from, the maintenance and use or operation of the vehicle. The claim therefore fell within the definition of a claim under the Motor Accidents Compensation Act 1999 (NSW). Because no certificate had been issued under s 92 or s 94, s 108 prohibited commencement of the proceedings. The proceedings were a nullity and satisfied the General Steel test for dismissal under r 13.4(1).

Jurisdiction
Australia
Judgment Date
16 June 2021
Procedural Posture
Civil Motor Accident and Personal Injury Negligence Proceedings / Defendants' Notice of Motion Seeking Dismissal Under R 13.4(1) of the Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Proceedings dismissed.
Legal Topics
['pre Condition to Commencing Court Proceedings Under S 108 of the Motor Accidents Compensation Act 1999 (nsw)' 'whether Claim Was in Respect of Injury Caused by Fault of Owner or Driver of a Motor Vehicle in the Use or Operation of the Vehicle' 'dismissal Where No Reasonable Cause of Action Is Disclosed' 'vehicle Maintenance and Inspection as Use or Operation of a Motor Vehicle']
['motor Accidents Compensation' 'civil Procedure' 'negligence' 'personal Injury'] ['pre Condition to Commencing Court Proceedings Under S 108 of the Motor Accidents Compensation Act 1999 (nsw)' 'whether Claim Was in Respect of Injury Caused by Fault of Owner or Driver of a Motor Vehicle in the Use or Operation of the Vehicle' 'dismissal Where No Reasonable Cause of Action Is Disclosed' 'vehicle Maintenance and Inspection as Use or Operation of a Motor Vehicle']

Case Brief

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Procedural Posture

Civil Motor Accident and Personal Injury Negligence Proceedings / Defendants' Notice of Motion Seeking Dismissal Under R 13.4(1) of the Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ["Whether the plaintiff's proceedings were court proceedings in respect of a claim within the meaning of the Motor Accidents Compensation Act 1999 (NSW)." 'Whether the alleged injury was caused by the fault of the owner of a motor vehicle in the use or operation of the vehicle, including maintenance of the vehicle.' 'Whether s 108 of the Motor Accidents Compensation Act 1999 (NSW) prohibited commencement of the proceedings because no certificate had been issued under s 92 or s 94.' 'Whether the proceedings should be dismissed under r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) because no reasonable cause of action was disclosed.']

Ratio Decidendi

The plaintiff's pleaded claim was for damages for personal injury allegedly caused by the defendants' negligence as owners of the truck. The alleged defects and failures concerned inspection, maintenance, safety audit and warning about a faulty pneumatic air suspension seat. Those matters were part of, or inseparable from, the maintenance and use or operation of the vehicle. The claim therefore fell within the definition of a claim under the Motor Accidents Compensation Act 1999 (NSW). Because no certificate had been issued under s 92 or s 94, s 108 prohibited commencement of the proceedings. The proceedings were a nullity and satisfied the General Steel test for dismissal under r 13.4(1).

Court Disposition

Proceedings dismissed.

Orders

  • ['Dismiss these proceedings brought by the plaintiff against the defendants.' "Order the plaintiff to pay the defendants' costs of the proceedings including the costs of the motion." 'Liberty to approach my Associate by email within 7 days if a different costs order is sought arising from an Offer of Compromise or a...