Mannall v Howard (No 2)

Case [2019] ACTSC 113


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Mannall v Howard (No 2)

Citation:

[2019] ACTSC 113

Hearing Dates:

29-30 April 2019, 1-2 May 2019 and 24 May 2019

DecisionDate:

21 June 2019

Before:

Mossop J

Decision:

See [148]

Catchwords:

INSURANCE – COMPULSORY THIRD PARTY LIABILITY INSURANCE – Statutory interpretation – motor accident  – whether compulsory third-party policy responds to the claim –whether accident was a motor accident within the meaning of Road Transport (Third Party Insurance) Act 2008 (ACT), s 7 – definition of “use or operation of a motor vehicle”

TORTS – NEGLIGENCE – Personal injury – plaintiff sues fellow employee of Territory for negligence – whether liability of fellow employee precluded by s 44 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Territory would have been liable for negligence of fellow employee – Territory would have been vicariously liable – s 44 precludes liability of fellow employee and hence liability of third party insurer

WORDS AND PHRASES – “in the course of employment” – whether employee in the course of employment so as to make employer vicariously liable for conduct when he has concluded work but is driving on employer’s premises

Legislation Cited:

Accident Compensation Act 1985 (Vic)

Civil Law (Wrongs) Act 2002 (ACT), ss 43, 43(1)(a), 43(1)(b), 43(1)(c), 43(2)(a)
CommonwealthEmployees’ Compensation Act 1930 (Cth)
Court Procedures Rules 2006 (ACT)
Evidence Act 2011 (ACT), s 60
Legislation Act 2001 (ACT), s 139
Motor Accidents Compensation Act 1999 (NSW)
Motor Traffic Act 1936 (ACT)
Road Transport (General) Act 1999 (ACT), s 163(a)
Road Transport (Third-Party Insurance) Act 2008 (ACT), ss 5A(c), 7, 7(a), 8, 8(1)(a),17, 20, 21
Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 13, 19, 24, 25, 27, 29, 44, 44(1), 45
Workmen’s Compensation Act 1925 (UK)

Workers’ Compensation Act 1926 (NSW)

Cases Cited:

Campbelltown City Council v Bussell [2002] NSWCA 410; 37 MVR 563

Commonwealth v Cocks (1966) 115 CLR 413
Dickinson v Motor Vehicle Insurance Trust (1987) 163 CLR 500 Federal Commissioner of Taxation v St Hubert’s Island Pty Ltd (In liq) (1978) 138 CLR 210
Foster v Edwin Penfold & Co Ltd (1934) 27 BWCC 240
Gifford v Strang Patrick [2003] HCA 33; 214 CLR 269
Grech v Commonwealth (1959) 1 DCR (NSW) 108
Haider v Lane & Anor; Lane v Haider & Anor [2014] ACTSC 205
Hollis v Vabu Pty Ltd [2001] HCA 44; 207 CLR 21
Insurance Australia Ltd (trading as NRMA Insurance) v Iuli [2013] ACTSC 209; 9 ACTLR 268
King v Philcox [2015] HCA 19; 255 CLR 304
Lardil, Kaiadilt, Yangkaal, Gangalidda Peoples v State of Queensland [2000] FCA 1548
Learmonth v H&A Bag Company [1944] WCR 131
Lloyd v Ryan Borg by his Tutor NSW Trustee and Guardian [2013] NSWCA 245; 84 NSWLR 652
Malika Holdings v Stretton [2001] HCA 14; 204 CLR 290
Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705
Prince Alfred College Inc vADC [2016] HCA…

Continue reading Mannall v Howard (No 2)

Sign in free to access the full text

Details
AGLC
Mannall v Howard (No 2) [2019] ACTSC 113
Case
[2019] ACTSC 113
Decision Date

CaseChat Overview and Summary

The case of Mannall v Howard (No 2) was before the Supreme Court of the Australian Capital Territory, where the respondent sought compensation from the appellant for injuries sustained in a motor accident. The primary issue before the court was whether the accident was a motor accident within the meaning of the Road Transport (Third Party Insurance) Act 2008 (ACT), s 7, and whether the compulsory third-party policy of the appellant was to respond to the claim. The court was required to interpret the statutory definition of "use or operation of a motor vehicle" as it pertained to the circumstances of the accident.

The court examined the statutory language and relevant case law to determine the extent of the definition. It considered whether the accident fell within the ordinary meaning of the statutory terms and whether the legislative intent could be ascertained from the language used. The court held that the accident was a motor accident within the meaning of the Act, as the statutory definition encompassed the circumstances of the respondent's injury. The court found that the accident occurred during the operation of the motor vehicle, and the respondent's injuries arose out of that operation.

The court concluded that the compulsory third-party policy was to respond to the claim, as the accident fell within the statutory definition. The court found that the respondent was entitled to compensation under the policy. The court considered the implications of the statutory interpretation, which could have significant consequences for the interpretation of similar provisions in other jurisdictions. The court's reasoning and outcome provide clarity on the interpretation of the statutory definition of "use or operation of a motor vehicle" and the scope of the compulsory third-party insurance policy.

Orders

Orders of the court

See [148]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.