Shannon v Territory Insurance Office

(1993) 3 NTLR 144; [1993] NTSC 105

Supreme Court of the Northern Territory

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Motor accidents compensation
3. › Disentitlement provisions
4. › Construction of s10(a)
5. › Whether resisting lawful detention requires applicant to be 'using a motor vehicle'
6. › Motor Accidents (Compensation) Act, s10(a)
1. Motor Accidents Compensation
2. › Entitlement to benefits
3. › Disentitlement
4. › Resisting or preventing lawful detention
5. › Jumping from moving police vehicle
6. › Motor Accidents (Compensation) Act, ss 4(1), 10(a)
1. Statutory Interpretation
2. › Beneficial legislation
3. › Disentitlement provisions to be read narrowly
4. › Whether principle applies to parsing of s10(a)
5. › Motor Accidents (Compensation) Act, s10(a)

Quick Take

Section 10(a) of the Motor Accidents (Compensation) Act is to be parsed so that the disentitlement for resisting or preventing lawful apprehension or detention operates independently of whether the applicant was 'using a motor vehicle' at the relevant time. The phrase 'while he was' governs two main categories: (i) using a motor vehicle (with sub-categories), and (ii) resisting or preventing lawful detention. Jumping from a moving vehicle does not sever the causal connection between the use of the vehicle and resulting injuries for the purposes of the definition of 'accident' in s4(1).