Suncorp Metway Insurance Ltd v Wickham Freight Lines Pty Ltd

The matter before the court involved Suncorp Metway Insurance Ltd, which sought to determine whether it was liable to pay compensation to a child injured in a collision with a prime mover and trailer. The prime mover and trailer were insured by Suncorp pursuant to the Motor Accident Insurance Act 1994 (Qld). The injured child, in turn, sought damages from Suncorp under a “special entitlement” provision of the Motor Accidents Compensation Act 1999 (NSW). The primary legal issue was whether the statutory insurance policy contained in the Queensland Act would respond to the child’s claim, which was premised on a statutory deeming provision in the New South Wales Act.

The court considered the language of the Queensland Act, which provided coverage for injury caused by a “wrongful act or omission.” The court also examined the deeming provision in the New South Wales Act, which held that in certain circumstances, an injury would be deemed to have been caused by the fault of the owner or driver of a motor vehicle. The court found that the deeming provision did not constitute a wrongful act or omission within the meaning of the Queensland Act. Thus, the statutory insurance policy did not respond to the child’s claim under the New South Wales Act.

Consequently, the application by Suncorp was dismissed. The court ordered Suncorp to pay the respondents’ costs of and incidental to the application, to be assessed on the standard basis.