SUPREME COURT OF QUEENSLAND
CITATION:
Gideona v Nominal Defendant [2005] QCA 261
PARTIES:
DANYELLE HANNA GIDEONA
(plaintiff/applicant/appellant)
v
NOMINAL DEFENDANT
(defendant/respondent)FILE NO/S:
Appeal No 1235 of 2005
DC No 802 of 2002DIVISION:
Court of Appeal
PROCEEDING:
Application for Leave s 118 DCA (Civil)
General Civil AppealORIGINATING COURT:
District Court at Southport
DELIVERED ON:
29 July 2005
DELIVERED AT:
Brisbane
HEARING DATE:
18 July 2005
JUDGES:
de Jersey CJ, Williams and Keane JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Application for leave to appeal granted
2. Appeal dismissed
3. The appellant is to pay the respondent's costs of the application for leave and of the appeal to be assessed on the standard basis
CATCHWORDS:
INSURANCE - THIRD-PARTY LIABILITY INSURANCE - MOTOR VEHICLES - COMPULSORY INSURANCE LEGISLATION - UNINSURED VEHICLES - QUEENSLAND - INTERPRETATION - where appellant suffered personal injuries as a result of an accident involving two motor cycles - where motor cycle that appellant was carrying the appellant as a passenger was covered by compulsory third-party insurance while other motor cycle was not - where the accident occurred on an off-road track on land owned by Queensland Rail - where appellant sued the drivers of both motor cycles for damages - where the Nominal Defendant was joined as a defendant on the basis that one of the motor cycles was uninsured - where learned primary judge held that the Nominal Defendant could not be liable to the appellant because the uninsured motor cycle was not a 'motor vehicle' for the purposes of the Motor Accident Insurance Act 1994 (Qld) - whether the approach to this question adopted in Kelly v Alford [1988] 1 Qd R 404 should be followed - whether the uninsured motor cycle was a 'motor vehicle' for the purposes of the Motor Accident Insurance Act 1994 (Qld)
INSURANCE - THIRD-PARTY LIABILITY INSURANCE - MOTOR VEHICLES - COMPULSORY INSURANCE LEGISLATION - UNINSURED VEHICLES - QUEENSLAND - USE OF VEHICLE ON PUBLIC OR PRIVATE LAND - where an accident involving two motor cycles occurred on an off-road track on land owned by Queensland Rail - where the site where the accident occurred could only be reached by crossing private land - whether the site where the accident occurred could be considered to be a 'public place'
Motor Accident Insurance Act 1994 (Qld), s 4, s 5, s 20, s 23, s 31(1)(c), s 33(1)
Motor Vehicles Control Act 1975 (Qld), s 4
Transport Infrastructure (Roads) Regulation 1991 (Qld), s 12, s 34, s 49(1)
Transport Operations (Road Use Management) Act 1995 (Qld)
Transport Operations (Road Use Management - Vehicle Registration) Regulation 1999 (Qld), s 10
Brunner v Eldar Trading Pty Ltd [1988] 1 Qd R 19, cited
Kelly v Alford [1988] 1 Qd R 404, disapproved
Lynch v Middleton [1979] Qd R 31, cited
Mason v The Nominal Defendant (Queensland) [1987] 2 Qd R 190, applied
Symonds v The Nominal Defendant (Queensland)
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- AGLC
- Gideona v Nominal Defendant [2005] QCA 261
- Case
- [2005] QCA 261
- Decision Date
CaseChat Overview and Summary
The court considered the interpretation of 'motor vehicle' in the context of compulsory insurance legislation. The court disapproved the approach in Kelly v Alford, which held that the relevant provisions of the Act applied only to motor vehicles on public roads. The court held that the provisions of the Act applied to motor vehicles on both public and private land. The court found that the site where the accident occurred could be considered a 'public place' for the purposes of the Act because it was accessible to the public and could be reached by crossing private land. The court held that the uninsured motor cycle was a'motor vehicle' for the purposes of the Act, and the Nominal Defendant could be liable to the appellant.
The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the application for leave and of the appeal to be assessed on the standard basis. The court's decision clarified the interpretation of 'motor vehicle' in the context of compulsory insurance legislation and provided guidance for future cases involving uninsured vehicles on private land.
Orders
Orders of the court
1. Application for leave to appeal granted
2. Appeal dismissed
3. The appellant is to pay the respondent's costs of the application for leave and of the appeal to be assessed on the standard basis
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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