Nominal Defendant v Uele

The appeal concerned a claim brought against the Nominal Defendant by the respondent, Mr Uele, following a motor vehicle accident involving an unregistered motorbike. The case was heard in the Court of Appeal of New South Wales by Macfarlan and Meagher JJA and Sackville AJA.

The central legal issue before the Court of Appeal was the interpretation of section 33(5)(b)(i) of the *Motor Accidents Compensation Act 1999* (NSW). Specifically, the Court had to determine whether, for an unregistered vehicle to be considered "capable of registration" by the issue of an unregistered vehicle permit, there must have been an actual proposed use at the time of manufacture or subsequently that would have justified the issue of such a permit.

The Court of Appeal reasoned that the phrase "capable of registration" in section 33(5)(b)(i) did not impose a requirement for a specific proposed use to have existed at the time of manufacture or subsequently. Instead, the Court held that the capacity for registration was to be assessed objectively, based on whether the vehicle met the general requirements for registration under the relevant legislation, irrespective of any particular intended use. The Court concluded that the motorbike in question was capable of registration.

Leave to appeal was granted, but the appeal itself was dismissed. The applicant, the Nominal Defendant, was ordered to pay the respondent's costs of the application for leave and the appeal.