A cause of action for damages arising from a transport accident does not vest in the injured person until the gateway requirements of s.93 of the Transport Accident Act 1986 (Vic) are satisfied. If the injured person dies from unrelated causes before satisfying those requirements, no cause of action survives for the benefit of the estate under s.29 of the Administration and Probate Act 1958 (Vic). A personal representative cannot maintain an application under s.93(4)(d) for leave to bring proceedings. The Court identified but did not resolve the question whether 'liability' in s.94(1) and (7) extends to contingent liability, noting this gap should be resolved by Parliament.
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