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ARTICLE · 03 SEPTEMBER 2009

Driving A Motor Vehicle Not Enough For Motor Accident Legislation

Norton Rose Fulbright Australia
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The appellant alleged that he suffered personal injury as a result of the spontaneous collapse of the driver's seat upon which he was sitting on three separate occasions during the course of his employment.

AustraliaInsurance
Joseph Taouk
Joseph Taouk
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The appellant (in the WA Court of Appeal proceedings), John Frederick Maitland-Smith (appellant), appealed the decision of the District Court of Western Australia, which dismissed his claims for damages for personal injuries he sustained whilst driving a bus in the course of his employment with Path Transit Pty Ltd (Path) - the First Respondent in the Court of Appeal proceedings. The appellant conceded in the District Court proceedings that his claim for damages would be precluded from the Workers Compensation and Injury Management Act 1981 (WA), unless it was a claim to which the Motor Vehicle (Third Party Insurance) Act 1943 (WA) (Motor Vehicle Act) applied. The District Court held that it did not. Path also filed a cross-appeal with respect to the finding of negligence made against it by the trial judge, notwithstanding no damages were awarded to the appellant.

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