Axiak v Ingram

In *Axiak v Ingram*, the appellants, who had suffered injuries in a motor accident, appealed to the Court of Appeal of New South Wales against the decision of Adamson J. The central dispute concerned whether the appellants were entitled to damages under Division 1 of Part 1.2 of the *Motor Accidents Compensation Act 1999* (NSW), which deals with blameless motor accidents, given that the accident was not caused by the fault of the respondent.

The primary legal issues before the Court of Appeal were whether the motor accident qualified as a "blameless motor accident" as defined in section 7A of the Act, and the proper construction of the word "fault" within that definition. Specifically, the court had to determine if "fault" encompassed non-tortious negligence of the injured party, and whether a restrictive interpretation of "fault" would be inconsistent with its use in other provisions of the Act. The court also considered the primary judge's assessment of the first appellant's contributory negligence.

The Court of Appeal allowed the appeal, finding that the accident was a blameless motor accident. The court reasoned that the definition of "fault" in section 7A should be interpreted broadly and consistently with its use elsewhere in the Act, and that it did not require the fault to be tortious. Consequently, the court set aside the original orders and entered judgment for the appellants, with damages to be assessed. The respondent was ordered to pay the appellants' costs of the trial and the appeal, with a certificate under the *Suitors Fund Act 1951* granted for the appeal costs.