NSW (Dept. of Education & Training) v Nominal Defendant [2006] NSWLC 20

Local Court of New South Wales

CITATION: NSW (Dept. of Education & Training) v Nominal Defendant [2006] NSWLC 20 JURISDICTION: Civil PARTIES: State of New South Wales (Department of Education and Training) The Nominal Defendant FILE NUMBER: 6554/04 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 06/09/2006 MAGISTRATE: Magsitrate B A Lulham CATCHWORDS: Worker's Compensation - Recovery Action - Worker injured by unidentified tortfeasor - Whether plaintiff required to prove due injury and search for unidentified vehicle when bringing recovery action against Nominal Defendant - Whether due search and inquiry satisfied if inquiry likely to be fruitless - Whether unidentified vehicle liable - Whether contributory negligence on part of injured worker - Quantum of damages - Treatment of payments statute barred LEGISLATION CITED: Workers Compensation Act 1987 Ss.151S(1)(d), 151Z (1)(d) Motor Accidents Act 1988 S. 79 Grant v Royal Rehabilitation Centre (1999) 47 NSWLR 263 Dennis Crowther t/as Top Gun Cycles v Nominal Defendant (Local Court 9 December 2005 (matter No. 111621 of 2005) Penrith Rugby League Club Ltd v Nominal Defendant (8 November 2005 (matter No. 10966 of 2003) CASES CITED: Harrison v Nominal Defendant ((1975) 50 ALJR 680 Malcolm v Urban Transport Authority of NSW (1994) 20 MVR 87 Steel v Nominal Defendant (1963) 80 Weekly Notes NSW 1301 Lawrence v The Nominal Defendant (1984) 7 MVR 388 Turks Legal - Solicitor REPRESENTATION: M J Walsh - Counsel T L Lawyers - Solicitor Mr A Capelin - Counsel ORDERS: I would propose to make the following orders:; There will be a judgment for the plaintiff in the sum of $20,913.00.; The amount of the indemnity pursuant to s151Z(1)(d) of the Workers Compensation Act will be $20,042.16.; The defendant is to pay interest on the judgment in accordance with the Rules. The amount of the interest is to be calculated by the parties and advised to the Registry within seven days.; The defendant is to pay the plaintiff's costs and disbursments as agreed. In default of the agreemment within 28 days the costs are to be assessed under the Legal Profession Act.