Judgment date: 8 March 2012
Andy's Earth Works Pty Ltd v Verey [2012] NSWCA
32
New South Wales Court of Appeal 1
In Brief
Accidents prior to 3 March 2011 involving tracked vehicles
cannot give rise to claims under the Motor Accidents
Compensation Act 1999 (the Act).
Background
On 1 November 2006, the plaintiff was injured while a passenger
in an excavator on a worksite. The excavator ran on tracks. The
plaintiff commenced proceedings against the CTP insurer for the
excavator under the Act. The accident predated the amendment to the
Road Transport (General) Act 2005 (effective from 3 March
2011) which included tracked vehicles in the definition of vehicle,
which does not have retrospective operation. Prior to these
amendments the Court of Appeal had determined in Doumit v Jabbs
Excavations Pty Ltd 2
(Doumit) that a tracked vehicle did not
fall within the definition of vehicle.
