Bayon v Bayon

In *Bayon v Bayon*, the appellant, who was accidentally shot when a firearm discharged in the course of a hunting expedition, brought proceedings against the driver of the utility in which they were travelling. The appellant and the driver were in the cabin of the utility, while the shooter was in the rear tray. The incident occurred when prey was identified in front of the vehicle. The proceedings also concerned whether a statutory third-party policy responded to the incident under s 3A of the *Motor Accidents Compensation Act 1999* (NSW).

The Court of Appeal was required to determine whether the driver of the utility was at fault for the appellant's injuries. A further issue was whether the circumstances of the shooting fell within the scope of the statutory third-party insurance policy, specifically whether the incident constituted an "accident" for the purposes of the Act.

The Court considered the principles of negligence in relation to the driver's conduct. It examined whether the driver owed a duty of care to the appellant and, if so, whether that duty was breached in the circumstances. The Court also analysed the meaning of "accident" within the context of the *Motor Accidents Compensation Act 1999*, considering whether the discharge of the firearm, and the resulting injury, were sufficiently connected to the use of the motor vehicle to engage the statutory insurance provisions. The Court ultimately found that the driver was not at fault and that the statutory third-party policy did not respond.