Katherine Martin v Kate Tanzer

KATHERINE MARTIN v KATE TANZER
[2014] ACTCA 3 (18 February 2014)

APPEAL – leave to appeal an interlocutory decision of a single judge – claim for damages arising out of a motor vehicle accident – compulsory conference – judge’s discretion under s 136 Road Transport (Third-Party Insurance) Act 2008 (ACT) – certificates of readiness – whether decision attended with sufficient doubt, whether substantial injustice will be done by leaving decision unreversed

Road Transport (Third-Party Insurance) Act 2008 (ACT), ss 84(2)(a), 102(b), 136, 139

Court Procedures Rules 2006 (ACT), r 1306

Aon Risk Services Australia Ltd v Australian National University (2008) 227 FLR 388
McIntosh v Hikechukwu (2011) ACTSC 131
O’Brien v Noble (2012) ACTCA 13
Pettitt v Dunkley (1971) 1 NSWLR 376
Shammas v Canberra Institute of Technology (2013) ACTCA 50

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 34 - 2013
No. SC 184 of 2013

Judges:        Nield AJ
Court of Appeal of the Australian Capital Territory
Date:           18 February 2014

IN THE SUPREME COURT OF THE     )          No. ACTCA 34 - 2013
  )          No. SC 184 of 2013
AUSTRALIAN CAPITAL TERRITORY           )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:   KATHERINE MARTIN

Applicant

AND:   KATE TANZER

Respondent

ORDER

Judges:  Nield AJ
Date:  18 February 2014 
Place:  Canberra

THE COURT ORDERS THAT:

1. Leave is granted to the applicant to appeal to the Court of Appeal from the decision of Higgins CJ of 13 June 2013;

1. The applicant file a Notice of Appeal, in the form of the draft Notice of Appeal lodged on 18 June 2013, in the Registry of the Court of Appeal within 21 days of the date hereof;

1. The costs of the application for leave to appeal and of the application for a stay of the decision of Higgins CJ be costs in the appeal.

IN THE SUPREME COURT OF THE     )          No. ACTCA 34 - 2013
  )          No. SC 184 of 2013
AUSTRALIAN CAPITAL TERRITORY           )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:   KATHERINE MARTIN

Applicant

AND:   KATE TANZER

Respondent

Judges:  Nield AJ
Date:  18 February 2014
Place:  Canberra

REASONS FOR JUDGMENT

INTRODUCTION

1. The applicant is Katherine Martin.  On 8 March 2011, she was the driver of a motor vehicle, which was stationary on Namatjira Drive at the intersection with Conder Street in Weston in the ACT, when it was struck in the rear from behind by another motor vehicle.

1. The respondent is Ms Kate Tanzer.  She was the driver of the motor vehicle which struck the applicant’s motor vehicle.  Her motor vehicle was insured, for the purpose of the Road Transport (Third-Party Insurance) Act 2008 (ACT) (the Act), by Insurance Australia Limited (trading under the name NRMA Insurance).

A MOTOR ACCIDENT CLAIM

1. On 29 March 2011, the applicant completed a Motor Accident Notification Form (prescribed under s 84(2)(a)…