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Personal Injuries – Nominal Defendant
The National Injury Insurance Scheme (Queensland) Bill 2016, was assented to on the 14 June 2016. The bill was constructed as follows: Chapters 2 – 10, Part 1 enacts National Injury Insurance Scheme (Queensland) Act 2016 Chapter 10, Part 2, Division 1 amends Civil Liability Act 2003 Chapter 10, Part 2, Division 2 amends Motor...
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Nominal Defendant v Bacon [2014] NSWCA 275 HEADNOTE [This Headnote is not to be read as part of the judgment] This judgment relates to an appeal from a decision of the District Court finding the Nominal Defendant liable for compensation to Ms Bacon for an injury suffered in a motor vehicle accident near Breeza. Ms Bacon’s...
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Murray v Nominal Defendant [2014] QDC 144 A useful discussion about the meaning of the word “proper” in s.31(2) of the Motor Accident Insurance Act 1994, following its amendment. Otherwise, Farr DCJ found the plaintiff to be unimpressive together with his ‘corroborating’ spouse and preferred Dr Dickinson to Dr Campbell. The claim was dismissed on...
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McLean v Nominal Defendant [2012] QDC 73 Issues: both liability and quantum were in issue. Overview: the plaintiff was injured whilst walking home intoxicated by an unidentified vehicle on 08/03/2009 at 7pm. The accident was not witnessed and there were conflicting versions provided. However, McGill DCJ ultimately accepted by the nature of the injuries to...
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Sanders v The Nominal Defendant [2011] QSC 391 In circumstances where the Nominal Defendant raised non-compliance based on the failure to identify the provider number in the medical certificate, Boddice J found that their failure to further respond at the expiration of the time period pursuant to s. 39(1)(b) of the Motor Accident Insurance Act...
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 Nominal Defendant v Buchan [2011] QSC 364 The Nominal Defendant sought recovery of damages paid on a compromise pursuant to s 60(1) of the Motor Accident Insurance Act. The issue was whether it was reasonable to settle the claim on the advice on the balance of probabilities that Mr Buchan was the driver. Leaving the...
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Nominal Defendant v Chilly & Bayles [2011] QDC 65 I refer to my earlier posting concerning Nominal Defendant v Chaffey & Ors [2011] QSC 88 and note it has since been followed. Koppenol DCJ [4] To set aside such a judgment, the second defendant would need to establish, amongst other things, that he had a...
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Nominal Defendant v Chaffey & Ors [2011] QSC 88 Issues: The Nominal Defendant brought a claim pursuant to s 60 of the Motor Accident Insurance Act 1994 (Qld) (the MAIA) for recovery of a statutory debt and costs of $394,893.60 involved in an uninsured motor vehicle accident causing personal injury. The first defendant was the...
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