Millard v State Transit Authority [2013] NSWCA 321

Millard v State Transit Authority [2013] NSWCA 321

The applicant's statement of claim was a claim for damages for injury caused by the fault of the driver of a motor vehicle in its use or operation, and there was no material showing that a certificate under s 92 or s 94 of the Motor Accidents Compensation Act 1999 had been obtained. Section 108 barred commencement of the proceedings, so the primary judge had no choice but to dismiss them and there was no prospect of leave to appeal being granted.

Jurisdiction
Australia
Judgment Date
19 September 2013
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application From Summary Dismissal of Proceedings in the Common Law Division; Registrar's Dismissal Order Rescinded by Consent
Outcome
Application for leave to appeal dismissed; proceedings dismissed with costs after Registrar's dismissal order rescinded by consent.
Legal Topics
['motor Vehicle Accident Claims' 'claims Assessment and Resolution Service Certificates' 'commencement of Court Proceedings' 'summary Dismissal' 'leave to Appeal']
['traffic Law' 'motor Accidents Compensation' 'civil Procedure'] ['motor Vehicle Accident Claims' 'claims Assessment and Resolution Service Certificates' 'commencement of Court Proceedings' 'summary Dismissal' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Application From Summary Dismissal of Proceedings in the Common Law Division; Registrar's Dismissal Order Rescinded by Consent

Legal Issues

  1. 1 ['Whether the applicant was entitled to commence court proceedings in respect of a motor accident claim without a certificate under s 92 or s 94 of the Motor Accidents Compensation Act 1999.' "Whether there was any prospect of leave to appeal from the primary judge's summary dismissal of the proceedings." "How to deal procedurally with the Registrar's dismissal of the summons and the parties' notices of motion."]

Ratio Decidendi

The applicant's statement of claim was a claim for damages for injury caused by the fault of the driver of a motor vehicle in its use or operation, and there was no material showing that a certificate under s 92 or s 94 of the Motor Accidents Compensation Act 1999 had been obtained. Section 108 barred commencement of the proceedings, so the primary judge had no choice but to dismiss them and there was no prospect of leave to appeal being granted.

Court Disposition

Application for leave to appeal dismissed; proceedings dismissed with costs after Registrar's dismissal order rescinded by consent.

Orders

  • ["Rescind by consent the Registrar's order dismissing the Applicant's summons on 22 April 2013." 'Dismiss the application for leave to appeal.' 'Dismiss both the Amended Notice of Motion filed by the Applicant Mr Millard on 9 September 2013 and the Notice of Motion filed by the Respondent State Transit filed on 3...