Trial Judge's Finding of "motor accident" Upheld on Appeal

Judgment date: 28 June 2010

New South Wales Court of Appeal¹

In Brief

• When considering whether the factual circumstances of a case satisfy the definition of a "motor accident" within the meaning of s 3 of the Motor Accidents Compensation Act 1999 (MAC Act), a trial judge is permitted to draw inferences from the evidence which is given or, as in this case, not given.
• If the factual circumstances of a case involve the unloading of freight via a forklift and the evidence favours a finding that the negligent use or operation of the forklift caused injury, it is likely the provisions of s 3 of the MAC Act will be found to be satisfied.

Background

Mr Cui Ngo was employed by Ron Lai Plastic Co Pty Limited as a delivery driver. On 9 February 2006 he collected a plastic extrusion machine, which was approximately 1.5 metres high, 1.5 metres round and 400 to 500kg in weight, in his truck. The machine was situated on a pallet and loaded onto his truck by a