Chase v Blue Op Partner Pty Ltd - [2021] NSWDC 249

District Court

New South Wales

Medium Neutral Citation: Chase v Blue Op Partner Pty Ltd & Ors [2021] NSWDC 249
Hearing dates: 10 June 2021
Date of orders: 16 June 2021
Decision date: 16 June 2021
Jurisdiction: Civil
Before: Russell SC DCJ
Decision:
(1)   Dismiss these proceedings brought by the plaintiff against the defendants.
(2)   Order the plaintiff to pay the defendants’ costs of the proceedings including the costs of the motion.
(3)   Liberty to approach my Associate by email within 7 days if a different costs order is sought arising from an Offer of Compromise or a Calderbank offer.

Catchwords:
MOTOR ACCIDENTS – whether plaintiff brings a claim for damages in respect of injury caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle – whether plaintiff not entitled to commence proceedings by reason of s 108 of the Motor Accidents Compensation Act 1999 (NSW) – whether proceedings should be dismissed because no reasonable cause of action is disclosed

Legislation Cited:
Civil Liability Act 2002 (NSW), s 5
Motor Accidents Compensation Act 1999 (NSW), ss 3, 5, 70, 92, 94, 108
Uniform Civil Procedure Rules 2005 (NSW), r 13.4(1)
Workers Compensation Act 1987 (NSW)

Cases Cited:
Emad Trolley Pty Ltd v Shigar [2003] NSWCA 231
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125

Category: Procedural rulings
Parties: David Chase (Plaintiff)
Blue Op Partner Pty Ltd as Trustee for the Blue Op Partner Trust ACN 615217500 (First Defendant)
ERIC Alpha Operator Corporation 1 Pty Ltd as Trustee for ERIC Alpha Operator Trust 1 (Second Defendant)
ERIC Alpha Operator Corporation 2 Pty Ltd as Trustee for ERIC Alpha Operator Trust 2 (Third Defendant)
ERIC Alpha Operator Corporation 3 Pty Ltd as Trustee for ERIC Alpha Operator Trust 3 (Fourth Defendant)
ERIC Alpha Operator Corporation 4 Pty Ltd as Trustee for ERIC Alpha Operator Trust 4 (Fifth Defendant)
Representation:
Counsel:
R Foord (Plaintiff)
V Thomas (Defendants)
Solicitors:
Law Partners (Plaintiff)
Norton Rose Fulbright (Defendants)

File Number(s): 2020/171120

Judgment

Introduction

The plaintiff alleges that on 9 June 2017 he was driving a heavy vehicle owned by the defendants. During the course of a journey in the vehicle the plaintiff alleges that he suffered a serious lower back injury.
By an Amended Statement of Claim filed on 11 November 2020 the plaintiff pleads that the defendants owed him a duty of care, breached that duty, and that such breach caused him injury, loss and damage.
Paragraph 29 of the Defence filed on 3 December 2020 pleads as follows:

“In further answer to the whole of the Claim, the Plaintiff’s claim for damages in these proceedings is a ‘claim’ in respect of injuries allegedly caused by the fault of the owners of the motor vehicle referred to in paragraph 4A of the Claim in the use or operation of that vehicle and is thus a claim within the meaning of s 3 of the Motor Accidents Compensation Act 1999…

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.

Continue reading Chase v Blue Op Partner Pty Ltd

Details

AGLC: Chase v Blue Op Partner Pty Ltd [2021] NSWDC 249
Case: [2021] NSWDC 249
Decision Date: 16 June 2021

CaseChat Overview and Summary

In this matter, the plaintiff, Chase, brought an action against the defendants, Blue Op Partner Pty Ltd, seeking damages for injuries sustained in a motor accident. The dispute centred on whether the plaintiff was entitled to bring a claim under the Motor Accidents Compensation Act 1999 (NSW) given the circumstances of the accident and the relevant statutory provisions. The case required the Local Court to determine if the plaintiff’s claim was precluded by section 108 of the Act, which governs claims against the owner or driver of a motor vehicle, and whether the plaintiff’s proceedings should be dismissed for lack of a reasonable cause of action.

The primary legal issue was whether the plaintiff’s claim was barred by section 108 of the Motor Accidents Compensation Act 1999 (NSW). This section restricts the circumstances in which a person injured in a motor accident can bring a common law claim against the owner or driver of the vehicle, requiring such claims to be made under the statutory scheme instead. Additionally, the court needed to decide if the plaintiff’s proceedings disclosed a reasonable cause of action, given the arguments presented by the defendants that the claim should be dismissed for failing to meet the statutory requirements.

The court held that the plaintiff’s claim was effectively barred by section 108 of the Motor Accidents Compensation Act 1999 (NSW), as it related to an injury caused by the fault of the driver of a motor vehicle. The court found that the plaintiff had not demonstrated a reasonable cause of action, as the statutory compensation scheme was the exclusive remedy available. Consequently, the court dismissed the plaintiff’s proceedings and ordered the plaintiff to pay the defendants’ costs of the proceedings, including the costs of the motion. The plaintiff was granted liberty to seek a different costs order within seven days if an Offer of Compromise or a Calderbank offer was made.

Orders

Orders of the court

(1) Dismiss these proceedings brought by the plaintiff against the defendants.

(2) Order the plaintiff to pay the defendants’ costs of the proceedings including the costs of the motion.

(3) Liberty to approach my Associate by email within 7 days if a different costs order is sought arising from an Offer of Compromise or a Calderbank offer.

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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Medium Neutral Citation:	Chase v Blue Op Partner Pty Ltd & Ors [2021] NSWDC 249
Hearing dates:	10 June 2021
Date of orders:	16 June 2021
Decision date:	16 June 2021
Jurisdiction:	Civil
Before:	Russell SC DCJ
Decision:	(1) Dismiss these proceedings brought by the plaintiff against the defendants. (2) Order the plaintiff to pay the defendants’ costs of the proceedings including the costs of the motion. (3) Liberty to approach my Associate by email within 7 days if a different costs order is sought arising from an Offer of Compromise or a Calderbank offer.
Catchwords:	MOTOR ACCIDENTS – whether plaintiff brings a claim for damages in respect of injury caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle – whether plaintiff not entitled to commence proceedings by reason of s 108 of the Motor Accidents Compensation Act 1999 (NSW) – whether proceedings should be dismissed because no reasonable cause of action is disclosed
Legislation Cited:	Civil Liability Act 2002 (NSW), s 5 Motor Accidents Compensation Act 1999 (NSW), ss 3, 5, 70, 92, 94, 108 Uniform Civil Procedure Rules 2005 (NSW), r 13.4(1) Workers Compensation Act 1987 (NSW)
Cases Cited:	Emad Trolley Pty Ltd v Shigar [2003] NSWCA 231 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
Category:	Procedural rulings
Parties:	David Chase (Plaintiff) Blue Op Partner Pty Ltd as Trustee for the Blue Op Partner Trust ACN 615217500 (First Defendant) ERIC Alpha Operator Corporation 1 Pty Ltd as Trustee for ERIC Alpha Operator Trust 1 (Second Defendant) ERIC Alpha Operator Corporation 2 Pty Ltd as Trustee for ERIC Alpha Operator Trust 2 (Third Defendant) ERIC Alpha Operator Corporation 3 Pty Ltd as Trustee for ERIC Alpha Operator Trust 3 (Fourth Defendant) ERIC Alpha Operator Corporation 4 Pty Ltd as Trustee for ERIC Alpha Operator Trust 4 (Fifth Defendant)
Representation:	Counsel: R Foord (Plaintiff) V Thomas (Defendants) Solicitors: Law Partners (Plaintiff) Norton Rose Fulbright (Defendants)
File Number(s):	2020/171120