McTye v Ching Yu Chang by his tutor Leo Alexander Birch

The applicant, McTye, sustained injuries when a bus operated by the State Transit Authority collided with his bicycle. The dispute concerned which legislative scheme governed the assessment of damages for his injuries: the *Motor Accidents Compensation Act 1999* (NSW) or the *Motor Accident Injuries Act 2017* (NSW). The matter came before the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was to determine the correct statutory framework for assessing damages. This required an interpretation of the relevant provisions of both the *Motor Accidents Compensation Act 1999* and the *Motor Accident Injuries Act 2017*, specifically concerning the definitions of "motor vehicle" accidents and "public transport" accidents, and how to resolve any potential overlap or conflict between these categories.

The Court of Appeal reasoned that while the bus involved in the collision could be considered a "motor vehicle" under the *Motor Accident Injuries Act 2017*, it also fell within the specific category of "public transport" accidents. Applying the principle that a special or specific category prevails over a general one, the Court concluded that the *Motor Accidents Compensation Act 1999* applied to the assessment of damages. This interpretation was found not to be inconsistent with the primary purpose of the later legislation. The Court granted leave to appeal but ultimately dismissed the appeal, ordering the applicant to pay the respondent's costs.