Home » Personal Injury Quantum Database (Qld) » Ford v Nominal Defendant

Ford v Nominal Defendant

[2022] QSC 179 · Martin SJA

In plain language

A postal delivery officer was riding his motorcycle along Redland Bay Road at Capalaba when an unidentified light truck moved into his lane and dropped a piece of timber onto the road. He swerved, his back wheel ran over the timber, and he was jarred and later found to be injured in his back and ankle. Because he could not identify the truck, he sued the Nominal Defendant, the insurer of last resort for unidentified vehicles. The Nominal Defendant admitted the accident happened and was caused by the unknown driver's negligence, and the parties agreed on the amount of damages. The only real question was whether the rider had made a 'proper inquiry and search' to identify the truck, as the law requires. The court found he had roughly 20 seconds in which he could have positioned himself to read the truck's number-plate and did not try. Because he failed to take this reasonable step, the judge held he had not made a proper inquiry and search, and the claim was dismissed. He recovered nothing.

On appeal, in [2023] QCA 83, the Court of Appeal allowed his appeal and set aside the trial orders. It held that he did not know he had been injured, was in a state of shock, and acted reasonably in staying in his lane rather than chasing the truck across lanes on a busy road on his small motorcycle, so a proper inquiry and search did not require him to pursue it. The court entered judgment for him for the agreed amount of damages, with interest and costs.

Incident & injury

Motorcyclist rode over a piece of timber that fell from the tray of an unidentified light truck, jarring him and causing injury

Timber from a light truck, then 20 seconds to read its plate Tap to play
Read the findings as text
  1. Chase it to read the plate? The trial judge said yes.
  2. No chase required. In shock, and felt unhurt.
  3. Agreed damages awarded. On appeal, [2023] QCA 83.
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Body regions
Lumbar / thoracic spine, Left ankle
Diagnoses
back pain, ankle pain
Incident date
11 March 2019
Location
Redland Bay Road, Capalaba

Quick facts

Date of judgment
31 August 2022
Claim type
MAIA
Proceeding
Trial
Plaintiff outcome
Unsuccessful
Plaintiff age at injury
Not stated
Occupation
Postal delivery officer (Australia Post) Machinery Operator / Driver
Liability
Partial
Total damages
$0

Outcome

The claim was dismissed. The court held the plaintiff failed to establish that proper inquiry and search had been made to identify the unidentified truck, as he had about 20 seconds in which he could have observed the number-plate and failed to attempt to do so. Quantum had been agreed but did not need to be applied.

Key issues

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Ford v Nominal Defendant [2022] QSC 179

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About the reviewer

Sean J. Roche
Director and Principal Solicitor, Roche Legal

Sean is the Director of Roche Legal and leads the firm's Springwood office. He holds a Bachelor of Laws from the Queensland University of Technology and a Bachelor of Business Management from the University of Queensland. Sean was admitted to practice in the Supreme Court of Queensland in 2016 and in the High Court of Australia in 2018, and holds an unrestricted principal practising certificate. He is a member of the Queensland Law Society and the Australian Lawyers Alliance.

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