SUPREME COURT OF QUEENSLAND
CITATION:
Nominal Defendant v Duntroon Holdings P/L [2008] QCA 183
PARTIES:
NOMINAL DEFENDANT
(plaintiff/respondent)
v
DUNTROON HOLDINGS PTY LTD ACN 010 334 335
(defendant/appellant)FILE NO/S:
Appeal No 11518 of 2007
SC No 1020 of 2006DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
11 July 2008
DELIVERED AT:
Brisbane
HEARING DATE:
26 May 2008
JUDGES:
Keane and Holmes JJA and Philippides J
Separate reasons for judgment of each member of the Court, Keane JA and Philippides J concurring as to the orders made, Holmes JA dissentingORDER:
Appeal dismissed1.
Appellant to pay the respondent's costs of the appeal to be assessed on the standard basis2.
CATCHWORDS:
INSURANCE – THIRD-PARTY LIABILITY INSURANCE – MOTOR VEHICLES – COMPULSORY INSURANCE LEGISLATION – UNINSURED VEHICLES – QUEENSLAND – where an employee of the appellant was injured in an accident involving a mobile crane owned by the appellant – where the crane was not registered – where the respondent settled the action brought by the employee – whether the injury of the employee was one to which the statutory compensation scheme applies – whether the respondent was the proper defendant in the action brought by the employee – whether the appellant is liable to reimburse the respondent in respect of expenses incurred by it in settling the action
Motor Accident Insurance Act 1994 (Qld), s 3, s 4, s 5, s 12, s 13A, s 20, s 23, s 31(1)(c), s 60
Transport Infrastructure (Roads) Regulation 1991 (Qld), s 12Evans v Transit Australia Pty Ltd [2002] 2 Qd R 30; [2000] QCA 512, applied
Gideona v Nominal Defendant [2006] 1 Qd R 31; [2005] QCA 261, considered
Townsville Trade Waste Pty Ltd v Commercial Union Assurance Company of Australia Limited [2000] 2 Qd R 682; [1999] QCA 386, consideredCOUNSEL:
P J Dunning SC, with G D Beacham, for the appellant
W Sofronoff QC SG, with N H Ferrett, for the respondentSOLICITORS:
Damien Bourke & Associates for the appellant
Cooper Grace Ward for the respondent
KEANE JA: The appellant, Duntroon Holdings Pty Ltd, carried on a steel fabrication business at Brendale. The business was located upon two pieces of private land separated by a public road. On 14 June 2000, one of the appellant's employees, Mr James, suffered personal injuries when his leg was crushed by the front right-hand wheel of a mobile crane being driven by another of its employees across the road from one of the appellant's plots of land onto the other. The point of impact between the vehicle and Mr James was inside the boundary line of the appellant's property; but the rear wheels of the crane were still on the road as it moved forward. It is common ground that the injury was suffered in consequence of the negligent operation of the mobile crane.
Mr James brought an action at common law for damages for personal injuries against the appellant.…
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- AGLC
- Nominal Defendant v Duntroon Holdings P/L [2008] QCA 183
- Case
- [2008] QCA 183
- Decision Date
CaseChat Overview and Summary
The court was required to determine several legal issues. Firstly, whether the injury suffered by the employee fell within the purview of the statutory compensation scheme. Secondly, whether the respondent was the correct defendant in the action brought by the employee. Lastly, whether the appellant is liable to reimburse the respondent for the expenses incurred in settling the action.
The court found that the statutory compensation scheme does not apply to the employee's injury as the mobile crane involved in the accident was not registered. Consequently, the respondent was not the appropriate defendant in the action brought by the employee. The court held that the appellant is not liable to reimburse the respondent for the expenses incurred in settling the action. The appeal was dismissed, with the appellant ordered to pay the respondent's costs of the appeal, to be assessed on the standard basis.
Orders
Orders of the court
Appeal dismissed1.
Appellant to pay the respondent's costs of the appeal to be assessed on the standard basis2.
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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