VALE v VALE & ANOR [2001] NSWCA 245

New South Wales Court of Appeal

CITATION : VALE v VALE & ANOR [2001] NSWCA 245 FILE NUMBER(S) : CA 40667/99 HEARING DATE(S) : 19 June 2001 JUDGMENT DATE : 2 August 2001

PARTIES : LINDA ANN VALE v MALCOLM GEOFFREY VALE & ANOR JUDGMENT OF : Mason P at 1; Davies AJA at 97; Ipp AJA at 112

LOWER COURT JURISDICTION : District Court LOWER COURT DC 7839/97 FILE NUMBER(S) : LOWER COURT Sidis DCJ JUDICIAL OFFICER :

Appellant: T Tobin QC/ A Black COUNSEL : 1st Respondent: D Campbell 2nd Respondent: D Wheelahan QC/ H Silvester Appellant: Mark Mulock & Co SOLICITORS : 1st Respondent: Golsby Whitely 2nd Respondent: Sparke Helmore CATCHWORDS : Motor Vehicle Accident - negligent driver - compulsory third party insurance - whether husband or wife driving vehicle at time of accident - insurer joined as party to proceedings - s66A Motor Accidents Act 1988- factual challenges to trial judge's finding - Jones v Dunkel - whether insurer's failure to call witness should give rise to inference favourable to plaintiff (D) DECISION : Appeal dismissed.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40667/99 MASON P DAVIES AJA IPP AJA

Thursday 2 August 2001 Linda Ann VALE v Malcolm Geoffrey VALE & Anor

The appellant Mrs Vale (the plaintiff) suffered severe brain damage as the result of an accident where the car in which she was travelling left the road. The driver of the car had been negligent. Mrs Vale has no recollection of the accident.

The car was owned by the plaintiff's father. It was registered and insured for compulsory third party insurance with the second respondent (NRMA). The driver of the car was therefore indemnified against liability under s9 of the Motor Accidents Act 1988 (the Act).