NOMINAL DEFENDANT v BEATTIE [1996] NSWCA 401

NOMINAL DEFENDANT v BEATTIE [1996] NSWCA 401

Due inquiry and search was not made because no attempt was made to contact the other driver for 18 months after his identity and address were known; thus, the statutory requirement under s 30(2)(a) was not satisfied.

Parties
Appellant: Nominal Defendant; Respondent: Beattie; Respondent Solicitor: Mary Khoury; Appellant Solicitor: Moray and Agnew
Jurisdiction
Australia
Judgment Date
26 September 1996
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal allowed
Legal Topics
Unidentified Vehicles, Due Inquiry and Search, Right of Action Against Nominal Defendant
Motor Vehicle Accidents Insurance Law Unidentified Vehicles Due Inquiry and Search Right of Action Against Nominal Defendant

Case Brief

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Parties

Nominal Defendant

Appellant

Beattie

Respondent

Mary Khoury

Respondent Solicitor

Moray and Agnew

Appellant Solicitor

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the plaintiff made 'due inquiry and search' to establish the identity of the vehicle under s 30(2)(a) of the Motor Vehicles (Third Party Insurance) Act 1942

Ratio Decidendi

Due inquiry and search was not made because no attempt was made to contact the other driver for 18 months after his identity and address were known; thus, the statutory requirement under s 30(2)(a) was not satisfied.

Court Disposition

Appeal allowed

Orders

  • Judgment of trial Judge set aside
  • Judgment for the defendant with costs