Insurance Australia Limited T/As NRMA Insurance Limited v John David Dickason

Insurance Australia Limited T/As NRMA Insurance Limited (NRMA) appealed to the Full Court of the Supreme Court of Queensland against a decision concerning a compulsory third-party insurance claim made by John David Dickason. Mr Dickason was a passenger in a vehicle when he applied the handbrake, causing the vehicle to stop abruptly and resulting in his injury. The central dispute revolved around whether Mr Dickason's actions constituted "driving" the vehicle for the purposes of the compulsory third-party insurance scheme.

The primary legal issue before the Full Court was to determine whether a passenger who intervenes in the operation of a moving vehicle by applying the handbrake could be considered to be "driving" that vehicle within the meaning of the relevant legislation. This required an interpretation of the term "driving" in the context of a motor vehicle accident and the scope of coverage provided by compulsory third-party insurance.

The Court considered the ordinary meaning of "driving" and concluded that it encompassed more than simply being in physical control of the steering wheel. Applying the handbrake, in the circumstances, was an act that directly influenced the vehicle's movement and control. The Court reasoned that Mr Dickason's intervention was a deliberate act of operating a control mechanism of the vehicle, thereby amounting to driving. Consequently, the appeal was dismissed with costs.