Townsville Trade Waste P/L v Commercial Union Assurance Co of Aust Ltd

[1999] QCA 386

Queensland Court of Appeal

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Interrogate

Catchwords

1. Insurance
2. › Compulsory third-party motor vehicle insurance
3. › Scope of statutory insurance scheme
4. › Whether injury result of 'collision with motor vehicle'
5. › Worker crushed by falling part of truck while standing on chassis
6. › Whether natural and ordinary meaning of 'collision' encompasses falling component of vehicle onto person standing on vehicle
7. › Motor Accident Insurance Act 1994 (Qld), s 5(1)(a)(ii)
1. Statutes
2. › Interpretation
3. › Beneficial legislation
4. › Whether ambiguity exists permitting beneficial construction
5. › Natural and ordinary meaning of statutory language in context
6. › Motor Accident Insurance Act 1994 (Qld), s 5(1)(a)(ii)
7. › Acts Interpretation Act 1954 (Qld), s 14B

Quick Take

A worker crushed by a falling component of a truck while standing on the truck's chassis does not suffer injury as a result of 'a collision ... with the motor vehicle' under s 5(1)(a)(ii) of the Motor Accident Insurance Act 1994 (Qld). The expression requires a collision with the vehicle in its capacity as a motor vehicle, consistent with the other subparagraphs of s 5(1)(a) which relate to the functioning or movement of a motor vehicle as such. The McEwan v Gold Coast line of authority on the broader 'by, through or in connection with' test is distinguishable under the current Act.