Nominal Defendant v McPhillamy

The Nominal Defendant appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales. The appeal concerned a claim for damages for personal injuries sustained by the respondent, Mr. McPhillamy, who was injured when the motor vehicle he was driving collided with a motor vehicle owned by the appellant, the Nominal Defendant. The Nominal Defendant was the statutory insurer of the unidentified driver of the vehicle that collided with Mr. McPhillamy's car.

The primary legal issue before the Court of Appeal was whether the Nominal Defendant was liable for the injuries sustained by Mr. McPhillamy, notwithstanding that the driver of the vehicle owned by the Nominal Defendant was unidentified. This involved a consideration of the provisions of the *Motor Accidents Act 1988* (NSW) and the circumstances under which the Nominal Defendant could be held vicariously liable for the actions of an unidentified driver.

The Court of Appeal considered the evidence presented at trial and the relevant statutory provisions. It was held that the Nominal Defendant's liability was established if it could be shown that the unidentified driver owed a duty of care to Mr. McPhillamy and breached that duty, and that this breach caused Mr. McPhillamy's injuries. The Court affirmed that the Nominal Defendant, as the statutory insurer, steps into the shoes of the unidentified driver and is liable for their negligence. The appeal was dismissed.