State Government Insurance Commission v Csr Limited

[1999] WASCA 36

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Insurance
2. › Motor vehicle insurance
3. › Compulsory third party insurance
4. › Scope of indemnity
5. › Whether indemnity limited to third party claims
6. › Whether policy covers owner's liability for injury to driver
7. › Motor Vehicle (Third Party Insurance) Act 1943 (WA), s 6(1)(b)
1. Statutory Interpretation
2. › Purposive construction
3. › Extrinsic materials
4. › Second reading speeches
5. › Whether parliamentary inaction in amending specific words indicates legislative acceptance of judicial interpretation
6. › Motor Vehicle (Third Party Insurance) Act 1943 (WA), s 6(1)(b)
7. › Interpretation Act 1984 (WA), s 18

Quick Take

The words 'any person' in s 6(1)(b) of the Motor Vehicle (Third Party Insurance) Act 1943 (WA) continue to bear their wide, literal meaning following Fawcett v BHP By-Products, and compulsory third party insurance indemnifies a vehicle owner against liability for bodily injury to the driver, not merely against claims by third parties. The 1987 amendments did not alter this position.