David Cormack, Barrister

Nominal Defendant: “proper” enquiry & search – s.31(2) MAIA

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 the basis that proper enquiry and search had not been undertaken. In assessing quantum as is the practice, an award of $1,000.00 was made, which was made based on the defendant’s generous concession.

 

 

David Cormack – Brisbane Barrister.