Hynes v Hynes

(2007) 15 VR 475; [2007] VSCA 7

Victorian Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Personal injury
3. › Motor vehicle accidents
4. › Injury arising out of use of motor vehicle but not a 'transport accident'
5. › Whether inhibitions on damages claims under Wrongs Act 1958 apply
6. › Transport Accident Act 1986 (Vic), ss 3, 93, 94
7. › Wrongs Act 1958 (Vic), ss 28C(2)(b), 28LC(2)(b)
1. Statutes
2. › Construction
3. › Exclusion clauses in damages reform legislation
4. › Meaning of 'a claim to which Part 6 of the Transport Accident Act 1986 applies'
5. › Whether reference to Part 6 confined to s 93 or extends to s 94
6. › Disentitling provisions requiring clear language
7. › Wrongs Act 1958 (Vic), Parts VB, VBA
1. Transport Accident Act 1986 (Vic)
2. › Part 6
3. › Relationship between s 93 and s 94
4. › Scope of indemnity under s 94(1)(a)
5. › Injury 'caused by or arising out of the use of a motor vehicle'
6. › Wider reach of s 94 compared to s 93

Quick Take

Where a plaintiff's injury was caused by or arose out of the use of a motor vehicle but was not a 'transport accident' as defined in s 3 of the Transport Accident Act 1986, the claim is excluded from the operation of Parts VB and VBA of the Wrongs Act 1958 by virtue of ss 28C(2)(b) and 28LC(2)(b). Such a plaintiff need not meet the 'significant injury' threshold under Part VBA and is not subject to the damages caps under Part VB. The reference to 'Part 6' in those exclusion provisions encompasses not only claims regulated by s 93 but also claims in respect of which the Transport Accident Commission is liable to indemnify the defendant under s 94.