New South Wales Consolidated Acts

MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942 - SECT 32

32 Recovery from owner or driver

(1) Any amount properly paid by the Government Insurance Office in satisfaction of a claim made under section 14 in respect of an uninsured motor vehicle or under section 14A in respect of a motor vehicle, any judgment recovered against it and the amount of any costs and expenses properly incurred by it in relation to any such claim or to the proceedings in which the judgment was obtained may be recovered by the Government Insurance Office as a debt from the person who, at the time of the occurrence out of which such claim arose or in respect of which such judgment was obtained, was the owner of the motor vehicle or, where at the time of such occurrence some other person was driving the vehicle, from the owner and the driver jointly or from either of them severally:
Provided that:

(a) it shall be a sufficient defence in any proceedings under this section against the owner (whether severally or jointly with the driver) if the owner establishes to the satisfaction of the court that, at the time of the occurrence, some other person was driving the motor vehicle without the owner’s authority,

(b) it shall be a sufficient defence in any proceedings under this section against the driver of an uninsured motor vehicle (whether severally or jointly with the owner) if the driver establishes to the satisfaction of the court that, at the time of the occurrence, the driver was driving the motor vehicle with the authority of the owner or had reasonable grounds for believing and did in fact believe that the driver had such authority, and that the driver had reasonable grounds for believing and did in fact believe that the motor vehicle was an insured motor vehicle.