The Nominal Defendant v Williams

The Nominal Defendant appealed to the Court of Appeal of New South Wales against a judgment of the District Court which found it liable for damages suffered by the respondent, Mr Williams, arising from a motor vehicle accident. The respondent had been riding his motorcycle when he collided with a motor vehicle driven by an unidentified driver. The respondent alleged that the unidentified vehicle had caused the accident.

The primary legal issues before the Court of Appeal were whether there was, in fact, another vehicle involved in the accident, and if so, whether that vehicle was the cause of the collision. The court was also required to consider whether the accident site should have been visible to the unidentified driver.

The court analysed the evidence presented, including the respondent's own testimony and expert opinions. It was held that the respondent had failed to establish, on the balance of probabilities, that an unidentified vehicle was involved in the accident or that such a vehicle caused the collision. The court found that the respondent's account of the accident was not sufficiently credible to discharge his onus of proof. Consequently, the appeal was allowed.