Purt v State of Qld

[2003] QCA 503

Queensland Court of Appeal

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Interrogate

Catchwords

1. Insurance
2. › Motor vehicle insurance
3. › Compulsory third party insurance
4. › Application of Motor Accident Insurance Act 1994 (Qld)
5. › Whether injury caused by wrongful act or omission 'in respect of a motor vehicle'
6. › Whether employer's failure regarding vehicle suitability and instruction constituted act or omission in respect of motor vehicle
7. › Whether characterisation as unsafe system of work precluded application of Act
8. › Motor Accident Insurance Act 1994 (Qld), s 5(1)(b)
1. Employment Law
2. › Employer's duty of care
3. › Safe system of work
4. › Provision of equipment
5. › Whether employer's failure to provide suitable vehicle and instruction was wrongful act 'in respect of' motor vehicle rather than merely system of work failure

Quick Take

Where an employer's alleged negligence concerns the provision, suitability, or instruction in the operation of a particular motor vehicle, the wrongful acts or omissions are 'in respect of' that motor vehicle for the purposes of s 5(1)(b) of the Motor Accident Insurance Act 1994 (Qld), even if the same conduct can also be characterised as a failure to maintain a safe system of work. The existence of an alternative basis of liability (e.g., as employer in respect of unsafe system of work) does not exclude the application of the Act.