McLennan v Nominal Defendant

The appellant, McLennan, brought a claim against the Nominal Defendant alleging injury sustained in a motor vehicle accident. The appeal concerned the appellant's compliance with the requirements of section 34 of the *Motor Accidents Compensation Act 1999* (NSW), which mandates "due inquiry and search" to ascertain the identity of a motor vehicle involved in an accident before a claim can be made against the Nominal Defendant. The case was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the appellant had indeed been injured in a motor vehicle accident, and if so, whether the driver of the unidentified vehicle had been negligent. Crucially, the court was required to determine whether the appellant had satisfied the "due inquiry and search" requirement under section 34 of the Act, which is a prerequisite for pursuing a claim against the Nominal Defendant when the identity of the vehicle cannot be established.

The court found that the appellant had failed to demonstrate that she had undertaken the requisite "due inquiry and search" as mandated by section 34 of the *Motor Accidents Compensation Act 1999* (NSW). This failure meant that the statutory preconditions for making a claim against the Nominal Defendant were not met. Consequently, the appeal was dismissed.