Where consumer protection legislation prohibits a service provider from recovering charges from a vehicle owner (here, s 153 of the Accident Towing Services Act 2007 (Vic)), the resulting benefit to the owner is collateral to the tortfeasor's liability and does not reduce the damages recoverable from the negligent driver. The [name withheld] collateral benefits framework applies to statutory immunities from suit, not merely to monetary payments. The question remains: was the benefit conferred independently of any right of redress against others and so that the plaintiff might enjoy it even if enforcing that right?
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