An unsafe system of work directed by an employer in relation to loading operations does not constitute a 'defect in the vehicle' for purposes of s 3(a)(iv) of the Motor Accidents Compensation Act 1999 (NSW), even where the vehicle's configuration permits the unsafe practice. Where the predominant cause of injury is the employer's human intervention in directing an unsafe system of work, the injury is not caused 'by a defect in the vehicle' and falls outside MACA. A finding as to a worker's ability to earn in Compensation Court proceedings under s 40 of the Workers Compensation Act 1987 does not create an issue estoppel in modified common law damages proceedings under Part 5 of that Act, because the issues are not identical.
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