NOMINAL DEFENDANT v STAGGS [2010] NSWCA 224

New South Wales Court of Appeal

CITATION: NOMINAL DEFENDANT v STAGGS [2010] NSWCA 224

HEARING DATE(S): 6 August 2010

JUDGMENT DATE: 3 September 2010

JUDGMENT OF: Giles JA at 1; Hodgson JA at 2; Basten JA at 8

(1) Grant leave to the Nominal Defendant to appeal against the order made in the District Court on 14 October 2009 extending time for the defendants to serve a notice of intention to join the Nominal Defendant as a party to the claim brought against them by the plaintiff. DECISION: (2) Allow the appeal and set aside the order of the District Court extending time for giving such notice. (3) In place of the order made in the District Court, order that the motion filed for the defendants on 7 August 2009 (as amended on 14 October 2009) be dismissed. (4) Order that the first and second respondents pay the appellant's costs of the proceedings in this Court.

CATCHWORDS: TORT – negligence – motor vehicle accident – involvement of unidentified vehicle – claim against Nominal Defendant – failure to notify within statutory period – Motor Accident Compensation Act 1999 (NSW) s 36 - STATUTORY INTERPRETATION – principles – Act read as a whole – ss 36, 109 - WORDS AND PHRASES – "full and satisfactory explanation"

Legal Profession Act 2004 (NSW), s 347 LEGISLATION CITED: Motor Accidents Act 1988 (NSW), s 40, Pt 5 Motor Accident Compensation Act 1999 (NSW), ss 36, 66, 72, 109

CATEGORY: Principal judgment

Gashparac v Walter [2000] ACTSC 118 Guest v Southern (unrep, NSWSC, 22 September 1995) CASES CITED: Nicholas v Webb (No 2) [1993] 19 MVR 65 Russo v Aiello [2003] HCA 53; 215 CLR 643 Smith v Grant [2006] NSWCA 244; 67 NSWLR 735