Chase v Blue Op Partner Pty Ltd & Ors [2021] NSWDC 249

District Court New South Wales

Medium Neutral Citation: Chase v Blue Op Partner Pty Ltd & Ors [2021] NSWDC 249 Hearing dates: 10 June 2021 Date of orders: 16 June 2021 Decision date: 16 June 2021 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Dismiss these proceedings brought by the plaintiff against the defendants. (2) Order the plaintiff to pay the defendants' costs of the proceedings including the costs of the motion. (3) Liberty to approach my Associate by email within 7 days if a different costs order is sought arising from an Offer of Compromise or a Calderbank offer. Catchwords: MOTOR ACCIDENTS – whether plaintiff brings a claim for damages in respect of injury caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle – whether plaintiff not entitled to commence proceedings by reason of s 108 of the Motor Accidents Compensation Act 1999 (NSW) – whether proceedings should be dismissed because no reasonable cause of action is disclosed Legislation Cited: Civil Liability Act 2002 (NSW), s 5 Motor Accidents Compensation Act 1999 (NSW), ss 3, 5, 70, 92, 94, 108 Uniform Civil Procedure Rules 2005 (NSW), r 13.4(1) Workers Compensation Act 1987 (NSW) Cases Cited: Emad Trolley Pty Ltd v Shigar [2003] NSWCA 231 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Category: Procedural rulings Parties: David Chase (Plaintiff) Blue Op Partner Pty Ltd as Trustee for the Blue Op Partner Trust ACN 615217500 (First Defendant) ERIC Alpha Operator Corporation 1 Pty Ltd as Trustee for ERIC Alpha Operator Trust 1 (Second Defendant) ERIC Alpha Operator Corporation 2 Pty Ltd as Trustee for ERIC Alpha Operator Trust 2 (Third Defendant) ERIC Alpha Operator Corporation 3 Pty Ltd as Trustee for ERIC Alpha Operator Trust 3 (Fourth Defendant) ERIC Alpha Operator Corporation 4 Pty Ltd as Trustee for ERIC Alpha Operator Trust 4 (Fifth Defendant) Representation: Counsel: R Foord (Plaintiff) V Thomas (Defendants)