Nominal Defendant (Qld) v Taylor [1982] HCA 38

High Court of Australia Mason, Murphy, Aickin, Wilson and Brennan JJ. Nominal Defendant (Qld) v Taylor [1982] HCA 38

ORDER Appeal allowed with costs. Decision of the Full Court of the Supreme Court of Queensland set aside and in lieu thereof order:

(1) That the demurrer be upheld.

(2) That judgment be entered for the defendant in the action.

(3) That the plaintiffs pay the defendant's costs of the action, including the costs of the demurrer.

Cur. adv. vult.

The following written judgments were delivered:—

1982, June 24 Mason and Brennan JJ.

The respondents, the children of Allan Wilfred Taylor ("the deceased"), commenced an action in the Supreme Court of Queensland by their next friend against the appellant for compensation for loss of support under ss. 12 and 13 of the Common Law Practice Act 1867-1978 Q. (the Queensland counterpart to the Fatal Accidents Acts). The statement of claim alleged that on 14 April 1978 the respondents' mother, Gwenda May Taylor, was driving a Holden station sedan along the New England Highway when, through her negligence, the vehicle collided with a semi-trailer, causing her death and that of the deceased who was evidently a passenger in the vehicle. The deceased, on whom the respondents were dependent for their maintenance and financial support, was the owner of the car.

The appellant demurred to the statement of claim on the ground that under s. 4F(2) of the Motor Vehicles Insurance Act 1936-1979 Q. ("the Act") it is only liable for damages caused in Queensland in the circumstances pleaded by, through or in connexion with an uninsured motor vehicle for which the owner of such uninsured vehicle would be legally liable under the Act were it insured at the material time, and that the deceased was not and could not be liable for the damages claimed.