High Court of Australia
Pullagar and Kitto JJ.
CHADWICK ah ts : cE y . APPELLA Derenpant, AND BRIDGE AND ANOTHER § F 4 . Responpe
. Practice —Pleading—Tort—Joinder of nominal defendant and other defenda
HIGH COURT iat
{HIGH COURT OF AUSTRALIA.)
Praintivr anD Nomivat Derenpanr,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
one action—Inconsistent claims—Alternative relief—Motor Vehicles (Third Insurance) Act 1942 (N.S.W.) (No. 15 of 1942), 8. 30 (2)—Law Reform (M laneous Provisions) Act 1946 (N.S.W.) (No. 33 of 1946), s. 2.
'The Motor Vehicles (Third Party Insurance) Act 1942 (N.8.W.), 8. 30 (2) provides that " Where the death of or bodily injury to any person is cau: by or arises out of the use of a motor vehicle but the identity of the mo
could have enforced a claim for damages against the owner or driver of t motor vehicle in respect of the death or bodily injury may enforce agi the nominal defendant the claim which he could have enforced against owner or driver of the motor vehicle." The Law Reform (Miscella
"'(a) All persons may be joined as defendants against whom the ri any relief in respect of or arising out of the same transaction or seri transactions is alleged to exist, whether jointly or severally or in the native where if separate actions were brought against such persons common question of law or fact would arise..."
Held that a proceeding instituted under s. 30 (2) (a) of the Motor V
can be sued in one action with an identified and named defendant all to be a tortfeasor "in the alternative" within the meaning of s. 2 of the Law Reform (Miscellaneous Provisions) Act.
Decision of the Supreme Court of New South Wales (Full Court) af
LR.) OF AUSTRALIA.
gat from the Supreme Court of New South Wales.
'Whilst driving a motor car along the Pacific Highway between dney and Gosford at night time, George Edwin Bridge sustained injury from a vehicle proceeding in the opposite direction. The
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