Bossley v Nominal Defendant [2007] NSWDC 298

New South Wales District Court

CITATION: Bossley v Nominal Defendant [2007] NSWDC 298

HEARING DATE(S): 7 - 9 August 2007, 21 November 2007 EX TEMPORE JUDGMENT DATE : 27 November 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1.There will be verdict and judgment for the plaintiff in the sum of $85,270.85; 2.The defendant is to pay the plaintiff's costs on an ordinary basis up to and including 1 December 2006 and on an indemnity basis thereafter; 3.Exhibits will be retained for 28 days.

CATCHWORDS: Credit - Due inquiry and search - Satisfactory explanation

LEGISLATION CITED: Motor Accidents Compensation Act 1999 Australian Road Rule 287

PARTIES: Andrew BOSSLEY THE NOMINAL DEFENDANT

FILE NUMBER(S): Coffs Harbour 37/06

Plaintiff - M B Inglis COUNSEL: Defendant - J Guihot

Plaintiff - Pollock Greening SOLICITORS: Defendant - Moray & Agnew

JUDGMENT

1 Andrew Christopher Bossley claims an injury to his right hand as a consequence of a motor vehicle accident which he alleges occurred on New Year's Day in 2005. His claim involves an unidentified motor vehicle and thus the Nominal Defendant. Much was placed in issue in the hearing of the case which commenced in Coffs Harbour in August 2007 and concluded in Newcastle in November 2007.

2 The issues were: 1. whether section 70 of the Motor Accidents Compensation Act 1999 had been complied with; 2. if not, whether there was a satisfactory explanation for the failure to comply; 3. whether there was due search and inquiry into the identity of the other alleged motor vehicle; 4. whether the accident occurred in the manner described by the plaintiff; 5. the nature and extent of the injury and whether it in fact resulted from the alleged motor vehicle accident; 6. the extent to which the injury affects the plaintiff's income earning capacity, and 7. the amount to be allowed for out of pocket expenses, past and future.