Pollard v Territory Insurance Office

(1997) 6 NTLR 142; [1997] NTSC 62

Supreme Court of the Northern Territory

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Interrogate

Catchwords

1. Motor Accidents Compensation
2. › Entitlement to benefits
3. › Exclusionary provisions
4. › Using motor vehicle without consent of owner
5. › Whether passenger 'using' motor vehicle
6. › Whether knowledge of absence of consent required
7. › Motor Accidents (Compensation) Act 1979 (NT), s 10(a)
1. Statutory Interpretation
2. › Beneficial legislation
3. › Exclusionary provisions in remedial statutes
4. › Liberal construction in favour of achieving legislative objectives
5. › Whether knowledge element should be read into exclusion provision
6. › Motor Accidents (Compensation) Act 1979 (NT), s 10(a)
1. Words and Phrases
2. › Using the motor vehicle without the consent of the owner
3. › Motor Accidents (Compensation) Act 1979 (NT), s 10(a)

Quick Take

A passenger in a motor vehicle being driven without the owner's consent is 'using' the vehicle within s 10(a) of the Motor Accidents (Compensation) Act (NT) only if the passenger knows the vehicle is being used without consent. Mere presence in the vehicle does not suffice to exclude a person from benefits. The question whether a person with such knowledge may rely on justification or excuse remains open.