Nominal Defendant v Uele [2012] NSWCA 271

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nominal Defendant v Uele [2012] NSWCA 271 Hearing dates: 17 August 2012 Decision date: 31 August 2012 Before: Macfarlan JA at [1]; Meagher JA at [2]; Sackville AJA at [49]. Decision: (1) Leave to appeal be granted. (2) Appeal be dismissed. (3) Applicant/appellant to pay the respondent's costs of the application for leave and the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: MOTOR VEHICLE ACCIDENT - unregistered vehicle (motorbike) - claim against Nominal Defendant - whether, for vehicle to be "capable of registration" within s 33(5)(b)(i) of Motor Accidents Compensation Act 1999 (by issue of an unregistered vehicle permit) it is necessary that was at time of manufacture or subsequently an actual use proposed which would have justified issue of permit. Legislation Cited: District Court Act 1973 Interpretation Act 1987 Motor Accidents Act 1988 Motor Accidents Amendment Act 1995 Motor Accidents Compensation Act 1999 Motor Accidents Compensation Amendment Act 2006 Road Transport (General) Act 2005 Road Transport (Vehicle Registration) Act 1997 Road Transport (Vehicle Registration) Regulation 1998 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; 239 CLR 27 Allianz Australia Insurance Ltd v GSF Australia Pty Ltd [2005] HCA 26; 221 CLR 568 Applin v The Nominal Defendant [2004] NSWCA 217; 41 MVR 56. Computer Edge Pty Ltd v Apple Computer Inc (1984) 54 ALR 767 Equuscorp Pty Ltd v Haxton [2012] HCA 7; 86 ALJR 296 Harrington v Lowe [1996] HCA 8; 190 CLR 311 Harrison v Melhem [2008] NSWCA 67; 72 NSWLR 380 Mills v Meeking [1990] HCA 6; 169 CLR 214 Nominal Defendant v GLG Australia Pty Ltd [2006] HCA 11; 228 CLR 529 Nominal Defendant v Lane [2004] NSWCA 405 Northern Territory of Australia v Collins [2008] HCA 49; 235 CLR 619 Saeed v Minister for Immigration & Citizenship [2010] HCA 23; 241 CLR 252 Category: Principal judgment Parties: Nominal Defendant (Applicant/Appellant) Kiaya Uele by her next friend Roxanne Hallcroft (Respondent) Representation: Counsel: Mr K P Rewell SC (Applicant/Appellant) Mr A J Stone; Ms M L Holz (Respondent) Solicitors: TL Lawyers, Newcastle (Applicant/ Appellant) White Barnes (Respondent) File Number(s): 2010/336945 2012/58665 Decision under appeal Date of Decision: 2011-08-09 00:00:00 Before: Sorby DCJ File Number(s): 2010/336945