NSW Caselaw
New South Wales Court of Appeal
CITATION : State of NSW v Nominal Defendant [2004] NSWCA 328 HEARING DATE(S) : 28 July 2004 JUDGMENT DATE : 17 September 2004
JUDGMENT OF : Beazley JA at 1; Santow JA at 2; Stein AJA at 73 DECISION : Appeal allowed with costs.
CATCHWORDS : LIABILITY: Motor accident - The appellant was the employer of a school teacher who was injured in a motor vehicle accident on her journey to work - whether the vehicle causing the accident was an unidentified government bus - claim for recovery sought from Nominal Defendant of workers' compensation paid by employer - whether indemnity claim against Nominal Defendant covered by s34 of the Motor Accidents Compensation Act 1999 - whether substitution of a contrary determination warranted on a matter of inference from fact. LEGISLATION CITED : Motor Accidents Compensation Act 1999 (NSW) s34; s39 Workers Compensation Act 1987 (NSW) s151Z(1)(d) Andrews v the Nominal Defendant (1965) 65 SR(NSW) 85 CASES CITED : Baldry v Jackson (1976) 2 NSWLR 415 Fox v Percy (2003) 197 ALR 201 State Rail Authority of NSW v Earthline Constructions Pty Ltd (in liq) (1999) 73 ALJR 306 PARTIES : STATE OF NEW SOUTH WALES (Appellant) NOMINAL DEFENDANT (Respondent) FILE NUMBER(S) : CA 40980/03 COUNSEL : L KING, SC/ M J JENKINS (Appellant) K P REWELL, SC/ M G GILBERT (Respondent) SOLICITORS : Rankin & Nathan (Appellant) Thomas Laycock (Respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT DC 8383/00 FILE NUMBER(S) : LOWER COURT English DCJ JUDICIAL OFFICER :
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