SUPREME COURT OF QUEENSLAND
CITATION:
Ford v Nominal Defendant [2022] QSC 179
PARTIES:
TRENT ANTHONY FORD
(plaintiff)
v
NOMINAL DEFENDANT(defendant)
FILE NO/S:
BS 317 of 2021
DIVISION:
Trial Division
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
31 August 2022
DELIVERED AT:
Brisbane
HEARING DATE:
22 and 23 August 2022
JUDGE:
Martin SJA
ORDER:
1. The claim is dismissed.
2. I will hear the parties on costs.
CATCHWORDS:
INSURANCE – MOTOR VEHICLES – COMPULSORY THIRD PARTY INSURANCE AND LIKE SCHEMES – UNIDENTIFIED VEHICLE – DUE INQUIRY AND SEARCH – where the plaintiff suffered injuries as a result of a motor accident – where the plaintiff is unable to establish the identity of the responsible motor vehicle or driver – where the plaintiff has brought a claim against the Nominal Defendant – whether ‘proper inquiry and search’ have been made by the plaintiff and failed to establish the identity of the motor vehicle
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – PARTICULAR WORDS AND PHRASES – USE OF ADJECTIVE OR ADVERB – where the Motor Accident Insurance Act 1994 (MAIA) requires ‘proper inquiry and search’ of a plaintiff before a claim can be made against the Nominal Defendant – where the predecessor Motor Vehicles Insurance Act 1936 referred to ‘due inquiry and search’ – whether the change from ‘due’ to ‘proper’ means that a different and higher standard is to be applied under the MAIA
Acts Interpretation Act 1954, s 14C
Motor Accidents Compensation Act 1999 (NSW), s 34
Motor Accident Insurance Act 1994, s 31
Motor Vehicles Insurance Act 1936, s 4F(3)Cavanagh v Nominal Defendant (1958) 100 CLR 375
Murray v Nominal Defendant [2014] QDC 144
Nominal Defendant v Meakes (2012) 60 MVR 380; [2012] NSWCA 66
Workers Compensation Nominal Insurer v Nominal Defendant (2013) 64 MVR 542; [2013] NSWCA 301COUNSEL:
CC Heyworth-Smith QC for the plaintiff
GW Diehm QC and MG Zerner for the defendantSOLICITORS:
Travis Schultz & Partners for the plaintiff
Jensen McConaghy Lawyers for the defendant
On 11 March 2019, Trent Ford was riding a Honda motorcycle inbound along Redland Bay Road in Capalaba. He had finished his shift as a postal delivery officer and was returning to the Australia Post Delivery Centre on Dollery Road.
At about 5.15pm, he was travelling up an incline on Redland Bay Road when a light truck passed him on his right and then began to enter the lane in front of him. As that was taking place, a small piece of timber slid off the tray of the truck and onto the roadway in front of Mr Ford. He swerved to avoid the timber. The front wheel of the motorcycle missed the timber, but the back wheel did not. As a result, the plaintiff was jarred and, as he later found out, he was injured.
The defendant concedes that the incident described by the plaintiff did occur and that “the accident [was] occasioned by the negligence of the ‘unknown person’”.
The issue…
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- AGLC
- Ford v Nominal Defendant [2022] QSC 179
- Case
- [2022] QSC 179
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether Mr Ford had fulfilled the statutory requirement of undertaking a proper inquiry and search before making a claim against the Nominal Defendant. This involved interpreting the change from 'due' to 'proper' in the Act and determining if it meant a different and higher standard was to be applied. The court also needed to assess whether Mr Ford's failure to make inquiries in Sevenoaks Street within a reasonable time after the incident constituted a failure to conduct a proper inquiry and search.
The court found that Mr Ford had not conducted a proper inquiry and search as required by the Act. It noted that while placing notices in letter boxes in Sevenoaks Street could have been a reasonable step, Mr Ford had not taken such action. The court emphasised that inquiries should be made 'before the scent was cold', meaning before the passage of time might dull people's recollections. As a result, the plaintiff's claim was dismissed. The court concluded that the plaintiff had not established that he had conducted a proper inquiry and search. It also noted that the parties would be heard on the issue of costs.
The court's final orders were that the claim was dismissed and that the parties would be heard on the issue of costs. The decision underscored the importance of timely and reasonable inquiries in cases involving unidentified vehicles, highlighting the plaintiff's responsibility to conduct a proper inquiry and search before making a claim against a Nominal Defendant.
Orders
Orders of the court
1. The claim is dismissed.
2. I will hear the parties on costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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