The definition of 'injury' in s 3 of the Motor Accidents Compensation Act 1999 (NSW) requires the injury to be 'sustained during' the relevant event (collision, driving, etc.), not merely caused by it at a later time. An injury caused by an oil slick deposited during a collision but sustained approximately two hours later is not an 'injury' within the Act. A 'collision' does not continue until all its effects (such as oil slicks) have been removed — detritus is aftermath, not a continuation of the collision. The same temporal requirement applies under the amended definition of 'motor accident' in the 2006 amendments. Multiple judges expressed the view that this construction produces unsatisfactory results and invited legislative reform.
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