Lawes v Nominal Defendant

[2007] QSC 92

SUPREME COURT OF QUEENSLAND

CITATION:

Lawes v Nominal Defendant [2007] QSC 092

PARTIES:

RICKY LEE LAWES
(plaintiff)
v
NOMINAL DEFENDANT
(defendant)

FILE NO/S:

BS1930 of 2006

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

24 April 2007

DELIVERED AT:

Brisbane

HEARING DATE:

5-7 March 2007

JUDGE:

Byrne J

ORDER:

That the plaintiff recover from the defendant $212,000.00

CATCHWORDS:

INSURANCE – THIRD-PARTY LIABILITY INSURANCE – MOTOR VEHICLES – COMPULSORY INSURANCE LEGISLATION – WHERE IDENTITY OF VEHICLE CANNOT BE ESTABLISHED – QUEENSLAND – GENERALLY – where the plaintiff’s motorcycle collided with a horse on a highway – whether there is sufficient evidence to establish a prima facie case that the plaintiff’s injuries were caused by an unidentified motor vehicle – whether the Nominal Defendant is liable to compensate the plaintiff under the Motor Accident Insurance Act 1994 (Qld) statutory policy

TORTS – NEGLIGENCE – ROAD ACCIDENT CASES – LIABILITY OF DRIVERS OF VEHICLES – FAILURE TO GIVE WARNINGS OR SIGNALS – GENERALLY – whether placing an obstruction on a highway and leaving the obstruction there in a dangerous situation constitutes negligence – whether failing to warn road users of the dangerous obstruction on a highway constitutes a breach of duty

Motor Accidents Compensation Act 1999 (NSW)
Motor Accident Insurance Act 1994 (Qld)

Allianz Australia Insurance Limited v GSF Australia Pty Ltd (2005) 221 CLR 568, considered
Evans v Transit Australia Pty Ltd [2002] 2 Qd R 30, cited
Golden Eagle International Trading Pty Ltd v Zhang [2007] HCA 15, cited
Hardy v Brooks 118 SE 2d 492 (Ga Ct App 1961), cited
Inasmuch Community Inc v Bright (2006) 45 MVR 234, cited
Insurance Commission of Western Australia v Container Handlers Pty Ltd (2004) 218 CLR 89, cited
Nominal Defendant v GLG Australia Pty Ltd (2006) 80 ALJR 688, cited
Nominal Defendant v Puglisi (1984) 58 ALJR 474, cited
Pennington v Wolfe 262 F Supp 2d 1254 (D Kan 2003), cited
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, cited
Purt v State of Queensland [2004] 1 Qd R 663, cited
Raschke v Suncorp Metway Insurance Limited [2005] 2 Qd R 549, considered
Schicker v Leick 162 NW 2d 66 (Wis 1968), cited  
Simonsen v Thorin 234 NW 628, 629 (Neb 1931), cited
Technical Products Pty Ltd v State Government Insurance Office (Qld) (1989) 167 CLR 45, applied
Ticehurst v Skeen (1986) 3 MVR 307, followed

COUNSEL:

R J Douglas SC, with him P B de Plater, for the plaintiff
R B Dickson for the defendant

SOLICITORS:

McNamara Garrahy Lawyers for the plaintiff
Broadley Rees Lawyers for the defendant

1. The plaintiff was injured when the motorcycle he was riding struck a horse. The question is whether the Nominal Defendant is liable to compensate him under the Motor Accident Insurance Act 1994 (“the Act”) statutory policy.

Horse struck

1. The incident occurred at about 8.40 pm on Friday, 14 March 2003 on the Gympie-Tin Can Bay…