New South Wales Insurance Ministerial Corporation v Grant

The New South Wales Insurance Ministerial Corporation (the appellant) appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales concerning a claim for damages for personal injury. The respondent, Mr Grant, had brought proceedings against the appellant following a motor vehicle accident.

The primary legal issue before the Court of Appeal was whether the appellant, as the Nominal Defendant, was liable for the respondent's injuries sustained in a hit-and-run accident. Specifically, the court had to determine if the appellant had discharged its statutory obligation to make reasonable inquiries and take all reasonable steps to identify the driver and owner of the unidentified vehicle involved in the accident.

The Court of Appeal considered the appellant's conduct in investigating the accident. It was held that the appellant's inquiries were insufficient and fell short of the standard required by the relevant legislation. The court emphasised that the statutory obligation imposed on the Nominal Defendant is not merely a procedural formality but requires a genuine and diligent effort to identify the responsible parties. The appellant's failure to pursue certain avenues of inquiry, such as obtaining witness statements from all available individuals and conducting a more thorough search of relevant records, meant that it had not discharged its onus of proving it had taken all reasonable steps.

Consequently, the Court of Appeal dismissed the appeal, upholding the District Court's finding of liability against the appellant.