SUPREME COURT OF QUEENSLAND
CITATION:
Piper v Nominal Defendant [2003] QCA 557
PARTIES:
DAVID RONALD PIPER
(applicant/appellant)
v
THE NOMINAL DEFENDANT
(respondent/respondent)FILE NO/S:
Appeal No 2596 of 2003
SC No 11401 of 2002DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
15 December 2003
DELIVERED AT:
Brisbane
HEARING DATE:
21 October 2003
JUDGES:
Davies and Williams JJA and Mackenzie J
Separate reasons for judgment of each member of the Court, Williams JA and Mackenzie J concurring as to the order made, Davies JA dissentingORDER:
Appeal dismissed with costs
CATCHWORDS:
INSURANCE - MOTOR VEHICLES - COMPULSORY INSURANCE LEGISLATION - WHERE IDENTITY OF VEHICLE CANNOT BE ESTABLISHED - QUEENSLAND - GENERALLY - where appellant involved in a motor vehicle accident with an unidentified vehicle - where appellant's uncle suggested he should seek legal advice - where appellant's uncle suggested he see a friend of his, O'Donnell - where O'Donnell did not inform appellant that he was an industrial advocate and not a lawyer - where notice not given to the Nominal Defendant within three months of accident - where notice given to the Nominal Defendant within nine months and contained an excuse for the delay - where appellant's excuse for the delay was that he believed O'Donnell was a lawyer - whether reasonable for appellant to assume O'Donnell was a lawyer
Motor Accident Insurance Act 1994 (Qld), s 37, s 39
COUNSEL:
R J Douglas SC, with G R Mullins, for the appellant
K N Wilson SC, with K F Holyoak, for the respondentSOLICITORS:
Carter Capner, town agents for Giudes & Elliott (Townsville), for the appellant
O'Shea Corser & Wadley for the respondent
DAVIES JA: On 18 December 2002 the appellant applied in the Supreme Court for a declaration pursuant to s 39 of the Motor Accident Insurance Act 1994 ("the Act") that the appellant has remedied the non-compliance referred to in that section or an order pursuant to that section authorizing the appellant to proceed further despite that non-compliance. In the further alternative the appellant sought a declaration that a notice dated 3 October 2002 was a complying notice pursuant to s 37 of the Act and in the further alternative a declaration that the claimant had provided reasonable excuse for the delay. The Nominal Defendant was the respondent in each case. On 27 February 2003, the learned primary judge refused to make any of the orders or declarations sought and dismissed the appellant's application.
The appellant's amended grounds of appeal were as follows:
1. her Honour erred in holding that the appellant had not provided a reasonable excuse for the delay in providing a notice to the respondent under s 37(3) of the Motor Accident Insurance Act 1994;
2. her Honour erred in holding that the excuse given by the appellant was not a reasonable excuse for the delay in the circumstances;
3. her Honour erred in applying an objective test to the question as to whether the excuse…
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- AGLC
- Piper v Nominal Defendant [2003] QCA 557
- Case
- [2003] QCA 557
- Decision Date
CaseChat Overview and Summary
The court considered the provisions of the Motor Accident Insurance Act 1994 (Qld), specifically sections 37 and 39, which set out the requirements for providing notice of an accident to the relevant insurer. The court examined the circumstances surrounding the appellant's delay in providing notice and whether the appellant's belief that O'Donnell was a lawyer was reasonable. The court noted that the appellant's uncle had suggested he seek legal advice and had introduced him to O'Donnell, who did not disclose his true occupation. However, the court found that the appellant had a duty to make inquiries to ensure that O'Donnell was a qualified legal practitioner. The court held that it was not reasonable for the appellant to assume that O'Donnell was a lawyer without making any inquiries.
The appeal was dismissed, and the appellant was ordered to pay costs. The court found that the appellant had failed to take reasonable steps to ensure that O'Donnell was a qualified legal practitioner and that the delay in providing notice to the Nominal Defendant was not justified. The court held that the appellant's belief that O'Donnell was a lawyer was not reasonable and that the appellant had a duty to make inquiries to confirm O'Donnell's occupation. The court found that the appellant's delay in providing notice to the Nominal Defendant was unreasonable and that the excuse provided for the delay was not sufficient.
Orders
Orders of the court
Appeal dismissed with costs
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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