Brogan v Territory Insurance Office Board

Case [2009] NTSC 16

Brogan v Territory Insurance Office Board [2009] NTSC 16

PARTIES:  DOLORES JANE BROGAN,
LUCY GERARDINE CAMPBELL-
BROGAN,
KATE CAMPBELL-BROGAN,
EMMA CAMPBELL-BROGAN,
SAMARA BLURTON,
SIMONE BROGAN AND
JESSICA ANN BROGAN
v
TERRITORY INSURANCE OFFICE
BOARD
TITLE OF COURT:  SUPREME COURT OF THE
NORTHERN TERRITORY
JURISDICTION:  SUPREME COURT OF THE
NORTHERN TERRITORY
EXERCISING TERRITORY
JURISDICTION
FILE NO:  M2 of 2006 (20622738)
DELIVERED:  22 April 2009
HEARING DATES:  28 and 29 July 2008
JUDGMENT OF:  SOUTHWOOD J
CATCHWORDS: 

MOTOR ACCIDENTS – COMPENSATION – Reference under s 29(1) of Motor Accidents (Compensation) Act (NT) – injuries not the result of an accident as defined by s 4 of the Act – internal physiological process is not

an occurrence on a public street – reference is dismissed – no benefits
payable to the applicants under the Act – s 22 and s 23 of the Act not
satisfied
Augusto v Board of Territory Insurance Office (1990) 66 NTR 1; The
Commonwealth v Hornsby (1960) 103 CLR 588; Government Insurance
Office of New South Wales v King (1960) 104 CLR 93; Kelly v R (2004) 205
ALR 274; Project Blue Sky v ABA (1998) 194 CLR 355; Refrigerated
Express Lines (A/Asia) Pty Ltd v Australian Meat and Live-Stock
Corporation (No 2) (1980) 29 ALR 333, applied
Government Insurance Office (NSW) v R W Green & Lloyd Pty Ltd (1965)

114 CLR 437; considered

Dickinson v Motor Vehicle Insurance Trust (1987) 163 CLR 500; Fawcett v
B.H.P. By-Products Pty Ltd (1960) 104 CLR 80; Shannon v Territory
Insurance Office (1993) 3 NTLR 144; State Government Insurance

Commission v Stevens Bros. Pty Ltd (1984) 154 CLR 552, referred to

REPRESENTATION:

Counsel:

Appellant:  R Wild QC
Respondent:  M C Livesey QC

Solicitors:

 Appellant:  Ward Keller
Respondent:  CridlandsMB

Judgment category classification: B

Judgment ID Number:  Sou0904
Number of pages:  28
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN

Brogan v Territory Insurance Office Board [2009] NTSC 16

No M2 of 2006 (20622738)

BETWEEN:

DOLORES JANE BROGAN,
LUCY-GERARDINE CAMPBELL-
BROGAN,
KATE CAMPBELL-BROGAN,
EMMA CAMPBELL-BROGAN,
SAMARA-LEE BLURTON,
SIMONE BROGAN AND

JESSICA ANN BROGAN

Applicants

AND:

TERRITORY INSURANCE OFFICE

BOARD

Respondent

CORAM:  SOUTHWOOD J

REASONS FOR JUDGMENT

(Delivered 22 April 2009)

Introduction

  1. This is a reference under s 29(1) of the Motor Accidents (Compensation)

Act (the Act[1]). The applicants are aggrieved by a determination of the
Board of the Territory Insurance Office[2] to uphold the designated person’s

decision to reject their application for benefits under Part V[3] of the Act.

  1. The applicants are the surviving spouse of Martin James Campbell, who is

    deceased, and her six children. Mr Campbell died of heart failure on Blue

    Water Road, Melville Island on 30 October 2005. Before he died

    Mr Campbell kick-started his motorcycle on Blue Water Road and then rode

    the motorcycle on the road. After Mr Campbell died the applicants applied

    for lump-sum compensation in respect of his death and for dependent

    children’s benefits under s 22 and s 23 of the…

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Details
AGLC
Brogan v Territory Insurance Office Board [2009] NTSC 16
Case
[2009] NTSC 16
Decision Date

CaseChat Overview and Summary

The case of Brogan v Territory Insurance Office Board was heard by the Supreme Court of the Northern Territory. The dispute involves a claim for death benefits under the Social Security Act 1991 (NT). The deceased, Mr Campbell, died suddenly on 30 October 2005, and his widow, Ms Brogan, sought benefits under the Act. The Territory Insurance Office Board dismissed the claim, holding that the death did not result from an accident occurring on a public street as required by the statute. The legal issues for the court to decide were whether the death could be considered an accident within the meaning of the Act and whether it occurred on a public street. The court considered the statutory definition of accident and the specific circumstances of Mr Campbell’s death, which involved a thrombosis in a coronary artery leading to sudden cardiac death. The court found that an internal physiological process, such as the thrombosis, does not constitute an accident under the Act, and therefore, no benefits were payable.

In reaching its decision, the court examined the evidence presented, including the medical reports and testimonies of Ms Brogan and Professor Pitt. Ms Brogan described Mr Campbell’s activities leading up to his death and his complaints of feeling unwell. Professor Pitt provided expert medical opinion on the nature of Mr Campbell's death, noting that it was sudden and not preceded by a myocardial infarction. The court concluded that the statutory requirements were not met as Mr Campbell's death was not caused by an accident and did not occur on a public street. The court also considered the specific routes and locations relevant to the case but found that the death did not result from an event on a public road. The reasoning of the court was grounded in the statutory language and the specific facts of Mr Campbell's death, leading to the conclusion that the claim for benefits should be dismissed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

In my opinion, no benefits are payable to the applicants under the Act and the reference should be dismissed. The requirements of s 22 and s 23 of the Act have not been satisfied. An internal physiological process is not an occurrence on a public street. There was no accident on Blue Water Road. The evidence In support of their case the applicants tendered a folder of documents which During her cross examination Ms Brogan described the route from Pirlangimpi to Kiluimpini Swamp and the route from Kiluimpini Swamp to Rangunini. She stated: there was no plan for Mr Campbell to return to Pirlangimpi before travelling to Rangunini; and she did not know why he During his oral evidence in chief, Professor Pitt stated it was significant that: Mr Campbell had survived the development of the thrombosis During his cross examination, Professor Pitt stated: Mr Campbell’s death was a sudden death; his death was so quick that there was no myocardial infarction[5]; despite the thrombosis in the left circumflex coronary artery there was still blood flow to Mr Campbell’s myocardium[6]; the thrombosis In support of its case the respondent tendered the medical report of a Mr Campbell was a resident of the Territory. He was born in Darwin on 6 March 1963 and died on 30 October 2005. He was 42 years of age when he died. He lived continuously with the first applicant, Ms Brogan, as husband and wife from 1994 until his death. They lived at Pirlangimpi on Melville Island. Mr Campbell was employed full time as a grader operator by the Tiwi Islands Local Government. He graded unsealed roads on Melville Island. He was a hard worker with a good employment history. Mr Campbell smoked 20 cigarettes a day and cannabis about once a week. At one time he was a heavy drinker. His consumption of alcohol decreased For five years before his death, Mr Campbell complained to Ms Brogan of Mr Campbell was 187 cm tall and he weighed 72 kilograms. He was a tall, thin man. He and his family spent a lot of their recreational time fishing and hunting for magpie geese, ducks and buffalo. On Saturday 29 October 2005, Mr Campbell took delivery of an unregistered After riding his motorcycle on 29 October 2005, Mr Campbell complained to Ms Brogan about “feeling funny” and of having a “racing heart”. He could On the morning of Sunday 30 October 2005, Mr Campbell road his When Ms Brogan met Mr Campbell at the swamp he was happy and in good In order for Mrs Campbell and her three children to get to Rangunini from Kiluimpini Swamp, it was necessary for them to travel west along the road to Kiluimpini Swamp back towards Pirlangimpi for slightly more than one kilometre, then turn right and travel in a northerly direction for about 15 or 16 kilometres, and then again turn right and travel in a north easterly direction for four or five kilometres. At about 11.40 am on 30 October 2005, two of Mr Campbell’s friends, Mr John Long and Mrs Miriam Cubillo, who were travelling in their Just before 12.50 pm on 30 October 2005, Mr Campbell’s body was found

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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