Benjamin Mitchell v Australian Capital Territory - [2018] ACTSCFC 1

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
FULL COURT

Case Title:	Benjamin Mitchell v Australian Capital Territory
Citation:	[2018] ACTSCFC 1
Hearing Date:	10 February 2016
DecisionDate:	12 October 2018
Before:	Penfold, Burns and Wigney JJ
Decision:	See [196]
Catchwords:	APPEAL – Applicable legislation – Road Transport (Third Party Insurance) Act 2008 (ACT) – Republication 12 PERSONAL INJURY – Motor Vehicle Accident – relevance of the terms of s 97 of the Act to determining the correct interpretation of s 141 of the Road Transport (Third Party Insurance) Act 2008 (ACT) – whether a respondent to a motor accident claim can deny liability prior to the commencement of court proceedings and still make a mandatory final offer to settle a claim in a sum greater than $0 STATUTORY INTERPRETATION – objects of the Act – legislative scheme – encourage the speedy resolution of personal injury claims arising from motor vehicle accidents – whether a respondent is entitled to make a mandatory final offer without making some admission of liability – “denying liability altogether” – whether there was a basis for the appellant to give the respondent a compliance notice under s 158 of the Act
Legislation Cited:	Civil Law (Wrongs) Act 2002 (ACT) ch 14 Legislation Act 2001 (ACT) ss 139, 140 Motor Accidents Compensation Act 1999 (NSW) s 81 Motor Accident Insurance Act 1994 (Qld) ss 39 (repealed), 41, 51C, 88 Road Transport (Third Party Insurance) Act 2008 (ACT) ss 5A, 76, 84, 85, 88, 90, 96, 97, 99, 100, 101, 104, 105, 127, 136, 140, 141, 143, 145, 146, 147, 148, 149, 155, 156, 158, 159, 161, 162, 269; ch 4; pts 4.8, 4.9, 4.9A, 4.9B, 4.10, 4.10A Road Transport (Third Party Insurance) Regulation 2008 (ACT) regs 27, 28, 30 Personal Injuries Proceedings Act 2002 (Qld) Supreme Court Act 1933 (ACT) s 13
Cases Cited:	Insurance Australia Ltd v Albrecht [2015] ACTSC 68 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; 239 CLR 27 Barker v Gifford and Anor [2005] ACTSC 55; 192 FLR 347 Benjamin Mitchell v Australian Capital Territory [2015] ACTMC 1 Bugmy v The Queen [2013] HCA 37; 249 CLR 571 House v The King [1936] HCA 40; 55 CLR 499 Insurance Australia Limited v Albrecht [2015] ACTSC 68 Project Blue Sky v ABA [1998] HCA 28; 194 CLR 355 Smalley v Motor Accident Authority of New South Wales [2013] NSWCA 318; 85 NSWLR 580 Steen v Senton [2017] ACTCA 5 Theodorelos v Nexus Products Pty Ltd [2009] ACTSC 149
Texts Cited:	Explanatory Statement, Road Transport (Third-Party Insurance) Bill 2007 (ACT) The Australian Concise Oxford Dictionary (Oxford University Press, 4^th ed, 2008)
Parties:	Benjamin Mitchell (Appellant) Australian Capital Territory (Respondent)
Representation:	Counsel Mr N Hutley with Mr S Hausfeld (Appellant) Dr K Rewell SC with Mr D Crowe (Respondent)
Solicitors Maliganis Edwards Johnson (Appellant) ACT Government Solicitor (Respondent)
File Number:	SCA 56 of 2015
Decision under appeal:	Court/Tribunal: Magistrates Court

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2018] ACTSCFC 1
Decision Date: 12 October 2018

CaseChat Overview and Summary

In the Australian Capital Territory Civil and Administrative Tribunal (ACAT), Benjamin Mitchell filed an appeal against the Australian Capital Territory concerning a motor vehicle accident claim. Mitchell sought compensation for personal injuries sustained in a car accident, and the Territory argued that Mitchell's claim should be dismissed because they denied liability prior to the commencement of court proceedings. The Territory further contended that their mandatory final offer of $0 was valid, despite the legislative scheme aiming to encourage the speedy resolution of personal injury claims. Mitchell, on the other hand, argued that the Territory's denial of liability and their offer of $0 were inconsistent with the objectives of the Road Transport (Third Party Insurance) Act 2008 (ACT) and that the Territory should have made a final offer greater than $0.

The legal issues before the court involved the interpretation of sections 97 and 141 of the Act, particularly whether a respondent to a motor accident claim could deny liability prior to the commencement of court proceedings and still make a mandatory final offer to settle a claim in a sum greater than $0. The court needed to consider the legislative scheme, which aimed to encourage the speedy resolution of personal injury claims arising from motor vehicle accidents. The court also had to determine whether a respondent was entitled to make a mandatory final offer without making some admission of liability and if there was a basis for Mitchell to give the Territory a compliance notice under section 158 of the Act.

The court found that the Territory's denial of liability and their offer of $0 were inconsistent with the objects of the Act, which aimed to encourage the speedy resolution of personal injury claims arising from motor vehicle accidents. The court held that a respondent could not deny liability altogether and still make a mandatory final offer. Consequently, the Territory's final offer of $0 was invalid, and Mitchell was entitled to make a compliance notice under section 158 of the Act. The court found in Mitchell's favour and ordered the Territory to make a new final offer greater than $0, in line with the objectives of the Act.

The court ordered that the Australian Capital Territory was to make a new final offer to Benjamin Mitchell in a sum greater than $0, in accordance with the objectives of the Road Transport (Third Party Insurance) Act 2008 (ACT). The Territory was also ordered to pay Mitchell's costs of the appeal.

Orders

Orders of the court

See [196]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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