Maric v Nominal Defendant [2013] NSWCA 190

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Maric v Nominal Defendant [2013] NSWCA 190 Hearing dates: 11 June 2013 Decision date: 26 June 2013 Before: Meagher JA at [1]; Leeming JA at [59]; Sackville AJA at [60] Decision: (1) Appeal dismissed. (2) Appellant pay the first respondent's costs of the appeal. (3) No order as to the costs of the second respondent. [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 - claim against Nominal Defendant under Motor Accidents Compensation Act 1999, s 33(1) - appellant injured in motorcycle accident which he claimed was caused by second respondent riding uninsured and unregistered motorcycle - issue as to whether accident happened on a "road" and due to "fault" of second respondent - only direct evidence of circumstances of accident from those parties - adverse findings made as to reliability of that evidence - in absence of independent evidence primary judge did not err in not being satisfied that accident happened on a "road" - erred in finding "fault" of second respondent Legislation Cited: Motor Accidents Compensation Act 1999, ss 33, 39 Road Transport (Vehicle Registration) Act 1997, s 4 Cases Cited: Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; 243 CLR 361 Maric v Nominal Defendant [2012] NSWDC 69 Mercantile Mutual Insurance Co Ltd v W Turner Pty Ltd (1982) 1 NSWLR 728 Ryan v Nominal Defendant [2005] NSWCA 59; 62 NSWLR 192 Schubert v Lee [1946] HCA 28; 71 CLR 589 Category: Principal judgment Parties: Stefan Maric (Appellant) The Nominal Defendant (First Respondent) Geoffrey William Morrissey (Second Respondent) Representation: Counsel: DJ Russell SC, N Ghabar (Appellant) KP Rewell SC, AJJ Renshaw (First Respondent) No appearance (Second Respondent) Solicitors: NSW Compensation Lawyers (Appellant) Hunt & Hunt Lawyers (First Respondent) File Number(s): 2012/168411 Decision under appeal Jurisdiction: 9101 Citation: Maric v The Nominal Defendant [2012] NSWDC 69 Date of Decision: 2012-05-16 00:00:00 Before: Elkaim DCJ File Number(s): 2009/338297