Nominal Defendant v Browne [2013] NSWCA 197

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nominal Defendant v Browne [2013] NSWCA 197 Hearing dates: 19 June 2013 Decision date: 19 June 2013 Before: Basten JA at [1]; Barrett JA at [28]; Gleeson JA at [29] Decision: (1) Grant leave to appeal. (2) Allow the appeal and set aside the orders made in the District Court. (3) In place thereof, (a) dismiss the plaintiff's proceedings in the District Court; (b) order that the plaintiff pay the defendant's costs in the District Court. (4) Order that the respondent pay the applicant's costs in this Court. (5) Grant the respondent a certificate under the Suitors Fund Act 1951 (NSW) in respect of her costs in this Court. [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 ACCIDENTS COMPENSATION - claim against nominal defendant - whether respondent made "due inquiry and search" to attempt to establish identity of vehicle - what constitutes "due" inquiry and search - whether futile search required to satisfy test - where accident occurred near café in business complex - whether respondent should have placed notice in café seeking witnesses - whether respondent should have canvassed businesses to ascertain identity of vehicle - Motor Accidents Compensation Act 1999 (NSW), ss 34(1AA) and 34A(3)