NSW Caselaw
New South Wales Court of Appeal
CITATION: State of New South Wales v Nominal Defendant [2005] NSWCA 213
HEARING DATE(S): In Chambers (written submissions)
JUDGMENT DATE: 23 June 2005
JUDGMENT OF: Beazley JA; Santow JA; Stein AJA
DECISION: see revised orders at [16].
CATCHWORDS: PROCEDURE: Statutory liability of Nominal Defendant where bus driver could not be identified but ownership of bus known to be State Transit Authority of New South Wales ("STA") - STA not a party to original proceedings or appeal - consequences for court orders and costs.
Motor Accidents Compensation Act 1999 (NSW) s34; Supreme Court Act 1970 (NSW) s75A LEGISLATION CITED: Supreme Court Rules 1970 (NSW) Pt 40 r 9, r 13; Pt 51 Workers Compensation Act 1987 (NSW) s151Z(1)(d)
STATE OF NEW SOUTH WALES (Appellant) PARTIES: NOMINAL DEFENDANT (Respondent) STATE TRANSIT AUTHORITY OF NEW SOUTH WALES and ZURICH AUSTRALIAN INSURANCE LIMITED (Intervenors)
FILE NUMBER(S): CA 40980/03
L KING, SC/ M J JENKINS (Appellant) COUNSEL: K P REWELL, SC/ M G GILBERT (Respondent) J GRACIE (Intervenors)
Rankin & Nathan (Appellant) SOLICITORS: TL Lawyers (Respondent) Keddies (Intervenors)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 8383/00
LOWER COURT JUDICIAL OFFICER: English DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40980/03
BEAZLEY JA SANTOW JA STEIN AJA
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