Chen v Caldieraro [2012] NSWSC
1409
| Judgment date: |
22 November 2012 |
| Jurisdiction: |
Supreme Court1 |
In Brief
- An accident occurring on private property, notwithstanding the
absence of gates, barrier or signs, does not constitute a
"road" within the meaning in s 3 of the Motor
Accidents Compensation Act 1999 (the Act). A
"road" is considered to be "open to or used by the
public".
- When alleging a defect in the vehicle, the onus is on the
plaintiff to establish that the injury was, on the balance of
probabilities, caused by a defect.
Background
On 10 August 2009, the plaintiff was involved in an accident on
a farm at Boambee, near Coffs Harbour. The plaintiff had been
driving a utility vehicle along a gravel track and exited the
vehicle. Upon disembarking, the vehicle rolled down an embankment
and trapped the plaintiff underneath it. As a result of the
accident, the plaintiff suffered severe spinal injuries. The
vehicle was not
