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Published by Helen Huang

Who bears the onus to establish whether the plaintiff was a phantom passenger?

When alleging a false and misleading statement within the meaning of section 117 and 118 of the Motor Accidents Compensation Act 1999 (NSW), does the onus lie with the defendant or the plaintiff to establish that he or she was a passenger travelling in the vehicle at the time of the accident? Judgment date: 28 September 2018Citation: Nguyen v Tran [2018] NSWCA 215Jurisdiction: NSW Court of AppealPrinciplesThe onus is on the claimant to prove...
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