Dec 5, 2016 | Blameless motor accident, Recent cases
State of NSW v Wenham [2016] NSWCA 336 The appellant was the employer of Ms Goddard. Ms Goddard was driving behind a truck driven by the first respondent and owned by the second respondent. A wheel assembly disconnected from the truck, collided with the vehicle Ms...
Aug 31, 2016 | Blameless motor accident, Recent cases
Whitfield v Melenewycz [2016] NSWCA 235 On 12 August 2011 the respondent driver was injured when the motorcycle he was riding collided with a kangaroo on an unsealed road in rural New South Wales. He brought proceedings in the Supreme Court against the first appellant...
Aug 29, 2016 | Appeal, Blameless motor accident, Practice & Procedure
Serrao (by his Tutor Serrao) v Cornelius (No.2) [2016] NSWCA 231 First, as I have noted, the respondent’s counsel expressly stated at the outset of the trial that he did not press the pleaded defence that the appellant had not been injured in a “blameless motor...
Apr 27, 2016 | Blameless motor accident, Practice & Procedure
PROCEDURE – notice of motion – claim under the blameless accident provisions of the Motor Accidents Compensation Act 1999 (NSW) – insurer seeking proceedings against it be dismissed – Rule 14.28(1)(a) of the Uniform Civil Procedure Rules 2005 (NSW) – whether there is...
Dec 6, 2015 | Blameless motor accident, Recent cases
TORTS – motor accident compensation – blameless accident – kangaroo collides with motor cycle in the outback – only in Australia – statutory interpretation – whether driver can claim under no fault scheme – whether injuries occasioned by a “blameless motor accident” –...
