An employer or workers compensation insurer seeking indemnity from the Nominal Defendant under s 151Z(1)(d) must establish that due inquiry and search was made to identify the other vehicle, assessed from the time the worker's cause of action accrued. Where a worker obtains the other driver's details at the scene but they are subsequently lost, the worker must take prompt steps to re-identify the vehicle; failure to do so will defeat the due inquiry requirement. Basten JA's reasoning suggests that where due inquiry at the scene successfully identifies the vehicle, the precondition for the Nominal Defendant's liability may never be met regardless of subsequent loss of details, though this was not the ratio of the majority.
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