Insurance Commission of Western Australia v Leigh & Anor

[2001] WASCA 232

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. › Words and phrases
6. › 'All liability for negligence'
7. › Whether limited to tort of negligence or extending to negligence in breach of contract and statutory duty
8. › Motor Vehicle (Third Party Insurance) Act 1943 (WA), s 6(1)(b)
1. Insurance
2. › Motor vehicle insurance
3. › Compulsory third party insurance
4. › Warranty
5. › Words and phrases
6. › 'Unlicensed to drive'
7. › Whether driver on private property where no licence required was 'unlicensed to drive'
8. › Motor Vehicle (Third Party Insurance) Act 1943 (WA), Schedule
9. › Road Traffic Act 1974 (WA)
1. Tort
2. › Negligence
3. › Contributory negligence
4. › Apportionment
5. › Young worker injured by machinery
6. › Whether trial judge erred in declining to apportion contributory negligence
1. Statutory Interpretation
2. › Construction of statutory insurance policy
3. › Use of long title as aid to interpretation
4. › Meaning of 'negligence' in statutory context
5. › Motor Vehicle (Third Party Insurance) Act 1943 (WA), s 6(1)(b)

Quick Take

The phrase 'all liability for negligence' in the Motor Vehicle (Third Party Insurance) Act 1943 (WA) policy encompasses liability for negligence howsoever arising — in tort, breach of contract, or breach of statutory duty — and is not limited to the tort of negligence. A person driving a motor vehicle on private property where no driver's licence is required under the Road Traffic Act 1974 (WA) is not 'unlicensed to drive' within the meaning of the policy warranty.