Hunter New England Area Health Service v Nominal Defendant [2008] NSWDC 13

Reported Decision : 6 DCLR (NSW) 348

New South Wales District Court

CITATION: Hunter New England Area Health Service v Nominal Defendant [2008] NSWDC 13

HEARING DATE(S): 20 February 2008 EX TEMPORE JUDGMENT DATE : 27 February 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1. Verdict for the defendant. DECISION: 2. Plaintiff is to pay the defendant's costs on an indemnity basis from 8 November 2007 and on an ordinary basis up to that date. 3. Exhibits returned.

CATCHWORDS: Motor vehicle accident on country road - Workers compensation recovery action - Whether requirement for due inquiry and search applies

Limitation Act 1969 LEGISLATION CITED: Motor Accidents Compensation Act 1999 Workers Compensation Act 1987

Harrison v Nominal Defendant (21975) 50 ALJR 680 Malcolm v Urban Transit Authority of NSW (1994) 20 MVR 87 CASES CITED: Penrith Rugby Club Ltd v Nominal Defendant U/R NSWLC 28.11.05 Tickle Industries Pty Ltd v Hann (1974) 130 CLR 321 at 327-8 Westpac Banking Corporation v Tomassian (1993) 32 NSWLR 207

PARTIES: Hunter New England Area Health Service The Nominal Defendant

FILE NUMBER(S): Newcastle 403/06

COUNSEL: Plaintiff - W Austron Defendant - P R Cummings

SOLICITORS: Plaintiff - Hunt & Hunt - Newcastle Defendant - Sparke Helmore - Newcastle

JUDGMENT

1 Hunter New England Area Health Service has claimed against the Nominal Defendant for recovery of monies paid to its worker, Mrs Wendy Vera Mather, as a result of an injury she suffered whilst on a journey to work. The injury was the result of a motor vehicle accident. The claim is made pursuant to s 151Z(1)(d) of the Workers Compensation Act 1987.