Chapman v Gibbo’s Transport Pty Ltd [2022] NSWSC 720

Supreme Court New South Wales

Medium Neutral Citation: Chapman v Gibbo's Transport Pty Ltd [2022] NSWSC 720 Hearing dates: 31 May 2022 Decision date: 01 June 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Grant leave to the second defendant to file an amended defence which adds the paragraphs in annexure "A" to its notice of motion filed on 3 February 2022. (2) Otherwise dismiss the second defendant's notice of motion filed on 3 February 2022. (3) Reserve the costs of the motion, including the costs of the hearing on 31 May 2022. (4) Stand the matter over for further directions before me at 9.15am on Wednesday, 24 August 2022. Catchwords: TRAFFIC LAW AND TRANSPORT — Traffic law — Motor accident legislation — Application — whether Motor Accidents Compensation Act 1999 (NSW) applies — where not immediately clear from pleadings — where question not suitable to be answered in notice of motion — where left to trial judge Legislation Cited: Motor Accidents Act 1995 (NSW) Motor Accidents Compensation Act 1999 (NSW), ss 3, 3A 79, 92, 94, 108, 109 Cases Cited: Adlawan v Recochem Inc [2021] NSWSC 223; (2021) 95 MVR 304 Emad Trolley Pty Ltd v Shigar (2003) 57 NSWLR 636; [2003] NSWCA 231 Millard v State Transit Authority [2013] NSWCA 321 Nominal Defendant v GLG Australia Pty Ltd (2006) 228 CLR 529; [2006] HCA 11 Category: Procedural rulings Parties: Michael William Chapman (Plaintiff) Gibbo's Transport Pty Ltd (First Defendant) Qube Logistics (SL) Pty Ltd (Second Defendant) Representation: Counsel: R de Meyrick (Plaintiff) S Flett (First Defendant) G J Parker SC (Second Defendant) W Fitzsimmons SC (QBE Insurance (Australia) Limited)