McMillan v Territory Insurance Office Board

The appeal in McMillan v Territory Insurance Office Board concerned the determination of compensation payable to the dependants of two passengers who were killed in a motor accident caused by the deceased driver. The deceased driver, who was under the influence of alcohol, was driving at a high speed when the accident occurred. The deceased driver's blood alcohol level exceeded the legal limit of 0.08%, and the high-risk driving resulted in the death of the two passengers. The Motor Accidents Tribunal had determined that the compensation payable to the dependants of the two deceased passengers should be reduced due to the deceased driver's contributory negligence. The tribunal had reduced the compensation by 50%.

The legal issues before the court were whether the deceased driver's blood alcohol level exceeded 0.08%, and whether the compensation payable to the dependants of the two deceased passengers should be reduced due to the deceased driver's contributory negligence. The court was also required to determine the amount of the reduction in compensation if it was found that the deceased driver's negligence contributed to the accident.

The court found that the deceased driver's blood alcohol level exceeded 0.08%, and that the deceased driver's high-risk driving contributed to the accident. The court held that the deceased driver's contributory negligence was a relevant factor in determining the amount of compensation payable to the dependants of the two deceased passengers. The court noted that the deceased driver's actions were a significant contributing factor to the accident, and that the deceased driver's blood alcohol level was well above the legal limit. The court also noted that the deceased driver's high-risk driving, combined with the excessive blood alcohol level, created a high risk of death or serious injury to the passengers. The court held that the compensation payable to the dependants of the two deceased passengers should be reduced by 50%, as determined by the Motor Accidents Tribunal.

The final orders of the court were that the appeal be dismissed, and that the compensation payable to the dependants of the two deceased passengers be reduced by 50%. The court held that the deceased driver's contributory negligence was a relevant factor in determining the amount of compensation payable, and that the reduction in compensation was appropriate given the circumstances of the case. The court also noted that the deceased driver's excessive blood alcohol level and high-risk driving were significant contributing factors to the accident.