Vines v Djordjevitch [1955] HCA 19

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p 4, 27 DJORDJEVITCH . E ' : $ ResponDeENT. AYP IAL 4 Puaintirr, pj alt So. C1973) 2g av WLR. 73T

ON APPEAL FROM THE SUPREME COURT

paerbp si4fa0 975) .arnke bb? OF VICTORIA.

H.C. or A. Negligence—Unidentified motor car—Liability of nominal defendant—Proviso that

1955. judgment not to be obtained unless notice given to Minister—* As soon as ae possible" after claimant " knew" that the identity of the motor car could not be MELBOURNE, " established "—Meaning of words—Burden of proof of compliance with March 10,11. proviso—Question of fact for jury—Motor Car Act 1951 (No. 5616) (Vict.) Sypvey, ch Gal (QM) April 1. Section 47 (1) of the Motor Car Act 1951 provides that " Where the death Dia GTe of or bodily injury to any person is caused by or arises out of the use of a a motor car but the identity of the motor car cannot be established any person Fullagar and who could have obtained a judgment against the driver of the motor car in

respect of such death or bodily injury may obtain against a nominal defendant

Abbot p 14 /e. to be named by the Minister the judgment which in the circumstances he could have obtained against the driver of the motor car: Provided that no

(G. ach. <6G. such judgment may be obtained unless such person as soon as possible after he knew that the identity of the motor car could not be established gave to SWUthe Minister notice of intention to make the claim and a short statement of the grounds thereof" but if there be evidence it is a question of fact for