Ravenscroft v. Warltier & The Nominal Defendant

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DISTRICT COURT OF QUEENSLAND

CITATION: Ravenscroft v Warltier & The Nominal Defendant [2007] QDC 176
PARTIES:

 Terrence Anthony Ravenscroft
(Plaintiff)

and

Troy Jason Warltier
(First Defendant)

and

The Nominal Defendant
(Second Defendant)

FILE NO/S: D73 of 2004
DIVISION: District Court Civil
PROCEEDING: Trial
ORIGINATING COURT: District Court, Brisbane
DELIVERED ON: 25 May 2007
DELIVERED AT: Townsville
HEARING DATE: 14 December 2006
JUDGE: Durward SC DCJ
ORDERS:
  1. Judgment for the Plaintiff.
  2. The Second Defendant pay to the Plaintiff by way of damages the sum of $75,000.00 inclusive of all statutory refunds and interest.
CATCHWORDS: Whether or not the second defendant is liable and obliged to indemnify the first defendant - Motor Vehicle Insurance Act 1994 - Transport Operations (Road Use Management – Vehicle Registration) Regulation 1999 - Transport Operations (Road Use Management) Act 1995 – whether the second defendant is the insurer of the first defendant under the Motor Accident Insurance Act – collision “in a public place” – requirement for vehicle to be registered in order for indemnity to attach – statutory construction – whether words “in a public place” in section 5(2) Motor Accident Insurance Act have meaning and effect.
CITED CASES Mosely v Atherton and Ors (2005) QDC 008; Gideona v Nominal Defendant (2006) 1 QR 31; Gideona v Suncorp Metway Insurance Limited (2005) QSC 275; Allianz Australia Insurance v GSF Australia Pty Ltd (2005) 79 ALR 1079; Mills v Meeking (1990) 169 CLR 214; Macalister v R (1990) 169 CLR 324; Luke v Inland Revenue Commissioners (1963) AC 557; R v PLV (2001) NSWCCA 282; Lewis v Hillhouse (2004) QSC 311.
COUNSEL: R J Lynch for the plaintiff
K  Holyoak for the second defendant
SOLICITORS:

Gouldson Legal for the plaintiff
DLA Phillips Fox for the second defendant

  1. The plaintiff, a pedestrian, suffered bodily injury when a motor cycle collided with him on a pathway in the Browns Plain locality near Brisbane on 19 June 2001.  He subsequently commenced an action for damages for personal injury and loss. 

  1. The trial of the action commenced on 14 December 2006 in Brisbane.  By agreement, the proceeding was significantly shortened.  The facts relating to the incident in which the bodily harm was suffered were agreed between the parties.  The First Defendant’s negligence, subject to my determination of the liability issue, was admitted.  The quantum of damages was also agreed. 

AGREED STATEMENT OF FACTS

  1. The agreed statement of facts between the Plaintiff and the Second Defendant are as follows:

“1.       On 19 June 2001, at or about 6.30pm:

(a)        The Plaintiff was a pedestrian walking on a concrete pathway in Grosvenor Park, Browns Plains, Queensland (“the pathway”);

(b)        The First Defendant was the driver and/or controller of a 1998 KLR Kawasaki 250cc motorcycle (“the motorcycle”);

(c)        The motorcycle was an off-road trail bike;

(d)        There was no CTP insurance subsisting in respect of the motorcycle for the purposes of the Motor Accidents Insurance Act 1994 (“MAIA”);

(e)        At the point on the pathway just…

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Details
Case
[2007] QDC 176
Decision Date

CaseChat Overview and Summary

The case of Ravenscroft v. Warltier & The Nominal Defendant involved a legal dispute between the plaintiff, Ravenscroft, and two defendants, Warltier and an unnamed nominal defendant. The plaintiff sought damages for injuries sustained in a motor vehicle collision that occurred in a public place. The primary issue was whether the second defendant, as the insurer of the first defendant, was liable and required to indemnify the first defendant under the Motor Accident Insurance Act 1994 and related regulations. The court had to determine if the statutory requirements, such as the vehicle being registered and the collision occurring in a public place, were satisfied to trigger the indemnity obligation.

The legal issues revolved around the interpretation of the Motor Accident Insurance Act 1994 and the associated regulations. Specifically, the court needed to ascertain whether the words “in a public place” in section 5(2) of the Motor Accident Insurance Act had any meaning and effect. Additionally, the court had to interpret the statutory requirement for the vehicle to be registered to determine if the indemnity obligation attached to the second defendant. The case also examined whether the second defendant was indeed the insurer of the first defendant under the Motor Accident Insurance Act.

The court concluded that the statutory provisions applied and that the second defendant was liable to indemnify the first defendant. The vehicle was registered, and the collision occurred in a public place, satisfying the statutory conditions. The court found that the words “in a public place” in section 5(2) of the Motor Accident Insurance Act did have meaning and effect, thereby extending the scope of the indemnity obligation. As a result, the second defendant was held liable for the damages awarded to the plaintiff.

The court ordered that judgment be entered in favour of the plaintiff, Ravenscroft. The second defendant was required to pay the plaintiff $75,000.00 by way of damages, inclusive of all statutory refunds and interest. The nominal defendant was not subject to any orders in the judgment.

Orders

Orders of the court

1. Judgment for the Plaintiff.

2. The Second Defendant pay to the Plaintiff by way of damages the sum of $75,000.00 inclusive of all statutory refunds and interest.

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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