Johnson v Territory Insurance Office

69 NTR 9; [1989] NTSC 48

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Statutes
2. › Construction
3. › Motor accidents compensation legislation
4. › Right of insurer to recover from tortfeasor
5. › Meaning of 'who is ... liable to pay damages'
6. › Whether phrase imports temporal requirement of current liability at date of proceedings
7. › Whether phrase merely descriptive and identifying the tortfeasor
8. › Motor Accidents (Compensation) Act (NT), s 38(1)(b)
1. Insurance
2. › Motor vehicle insurance
3. › Statutory insurer's right of recovery
4. › Recovery of medical expenses from tortfeasor
5. › Whether satisfaction of victim's judgment extinguishes insurer's right to recover
6. › Motor Accidents (Compensation) Act (NT), s 38(1)(b)
1. Statutes
2. › Construction
3. › Meaning of 'liable'
4. › Whether 'liable' means presently liable or legally responsible
5. › Context and policy of legislation as guide to construction

Quick Take

The phrase 'who is ... liable to pay damages' in s.38(1)(b) of the Motor Accidents (Compensation) Act (NT) is descriptive only, identifying the tortfeasor legally responsible for the injury, and does not require that the tortfeasor's liability to pay damages be current at the time the TIO institutes recovery proceedings. Satisfaction of the victim's separate judgment for damages does not extinguish the TIO's right to recover under s.38(1)(b).