GLG Australia Pty Ltd v The Nominal Defendant & Ors

[2004] NSWCA 166

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Motor accidents legislation
4. › Workplace injury involving motor vehicle
5. › Whether injury within definition of 'injury' under Motor Accidents Act 1988 (NSW)
6. › Whether caused by fault of owner in use or operation of vehicle
7. › Whether result of and caused during driving of vehicle
8. › Motor Accidents Act 1988 (NSW), s 3
1. Insurance
2. › Motor vehicle insurance
3. › Compulsory third-party insurance
4. › Indemnity under statutory policy
5. › Whether motor accident insurer liable for workplace injury
6. › Whether unsafe system of work constitutes fault of owner in use or operation of vehicle
7. › Motor Accidents Act 1988 (NSW), Sch 1, s 47A
1. Practice and Procedure
2. › Appeal
3. › New arguments on appeal
4. › Whether argument raised below
5. › Objective assessment of issues raised at trial
6. › Whether party precluded from raising argument on appeal

Quick Take

Where a workplace injury is caused by a system of work that necessarily involves the use of a motor vehicle, and the vehicle's operation is a necessary and important element in the fault of the owner, the injury falls within the Motor Accidents Act 1988 (NSW) even though the fault lies in the system of work rather than in the manner of driving. The case is distinguishable from situations where the vehicle merely brings the worker into proximity with the hazard without the vehicle's operation itself contributing to the injury.