Nominal Defendant v Genn

The case of *Nominal Defendant v Genn* concerned an appeal to the Supreme Court of New South Wales. The dispute arose from injuries sustained by the respondent, Ms. Genn, when a piece of metal on the road struck her vehicle. Ms. Genn brought proceedings against the Nominal Defendant, which represents owners and drivers of unidentified or uninsured vehicles, alleging negligence.

The central legal issue before the Court was whether an inference could be drawn that the piece of metal fell from an unidentified motor vehicle as a result of the operator's fault. This involved considering the application of principles akin to *res ipsa loquitur* in circumstances where the vehicle responsible for the incident could not be identified.

The Court reasoned that the circumstances surrounding the incident were such that it was more probable than not that the metal object had fallen from a motor vehicle. The Court applied the principle that where an event occurs which, in the ordinary course of human experience, would not happen unless someone was negligent, and the thing that happened is under the management of the defendant, then in the absence of explanation, the happening of the event is evidence of negligence. The Court found that the evidence supported an inference of negligence on the part of the unidentified driver.

The appeal was dismissed with costs.