Activation of a vehicle's starter motor to test whether a repair has been effective, while the vehicle is stationary with bonnets open and jumper leads attached, does not constitute 'driving' under s 3 of the Motor Accidents Compensation Act 1999 (NSW), and contact of a person's hand with a fan belt mechanism does not constitute a 'collision' with the vehicle. A 'substitute motor vehicle' clause in a farm vehicle insurance policy requires functional substitution — a domestic motor vehicle is not covered merely because the scheduled farm vehicles are not in use. A court may assess damages based on evidence of earnings exceeding declared taxable income even without an express admission of tax evasion by the plaintiff, provided the evidence warrants that conclusion.
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