Doughty v Martino Developments Pty Ltd

(2010) 27 VR 499; [2010] VSCA 121

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Accident Compensation
2. › Transport accident
3. › Right of employer to recover damages resulting from injury of employee
4. › Whether action per quod servitium amisit extinguished in relation to transport accidents
5. › Transport Accident Act 1986 (Vic), s 93(1)
1. Statutes
2. › Construction
3. › Interpretation
4. › General prohibition with limited exceptions
5. › Whether exceptions define scope of prohibition
6. › Presumption against alteration of common law rights
7. › Strength of presumption
8. › Transport Accident Act 1986 (Vic), s 93(1)
1. Words and Phrases
2. › 'In respect of'
3. › Scope of phrase in context of general statutory prohibition
4. › Whether phrase extends to third-party claims for loss of services arising from injury to another person

Quick Take

Section 93(1) of the Transport Accident Act 1986 (Vic) bars employers from recovering damages per quod servitium amisit for loss of services of employees injured in transport accidents. The general prohibition in s 93(1) extends to all third-party claims for damages 'in respect of' injury or death, not merely claims by the injured person or dependants' claims for wrongful death. The presumption against alteration of common law rights is weak in relation to ordinary common law rights and does not displace the natural and ordinary meaning of the provision.