Outback Civil Pty Ltd v Francis

[2011] NTCA 3

NT Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Summary judgment
3. › Application by defendant
4. › Test to be applied
5. › Whether plaintiff's case so clearly untenable it cannot possibly succeed
6. › Whether plaintiff must positively contradict defendant's evidence or merely demonstrate basis for doubt
1. Practice and Procedure
2. › Summary judgment
3. › Application by defendant
4. › Credibility of evidence
5. › Whether court should conduct mini-trial on summary judgment application
1. Motor Vehicles
2. › Motor Accidents (Compensation) Act
3. › Abrogation of common law actions
4. › Whether trader's plate affixed to vehicle
5. › Whether truck was Territory motor vehicle in respect of which compensation contribution paid
6. › Motor Accidents (Compensation) Act, s 4(1)(a)(ii), s 5(1)(a)
7. › Motor Vehicles Act, s 35, s 43, s 137

Quick Take

On an application for summary judgment by a defendant, the plaintiff is not required to positively tender affidavit evidence directly contradicting the defendant's assertion; it is sufficient to demonstrate evidence which, if accepted, would throw doubt upon the veracity or reliability of the defendant's evidence at trial. The question whether affixing a trader's plate to an otherwise unregistered vehicle brings it within the definition of 'accident' in s 4(1)(a)(ii) of the Motor Accidents (Compensation) Act remains unresolved.