State of New South Wales v Nominal Defendant

The case of *State of New South Wales v Nominal Defendant* concerned the statutory liability of the Nominal Defendant where the driver of a bus involved in an incident could not be identified, but the bus was known to be owned by the State Transit Authority of New South Wales (STA). The STA was not a party to the original proceedings or the appeal.

The central legal issue before the Court of Appeal of New South Wales was the appropriate orders to be made, particularly concerning costs, given the STA's ownership of the unidentified bus and its non-participation in the proceedings. The court had to consider the implications of this statutory liability scheme when the owner of the vehicle was a known government entity that had not been joined as a party.

The court reasoned that the statutory scheme for the Nominal Defendant contemplated situations where the identity of the driver was unknown, but the owner of the vehicle was known. In such circumstances, the Nominal Defendant could be pursued, and the owner, if a government authority, would ultimately bear the responsibility. The court noted that the STA, as the owner, had a clear interest in the outcome and the potential for liability. The court ultimately made revised orders, the details of which are set out at [16] of the judgment, addressing the specific circumstances of the case and the allocation of costs.