› whether compulsory third-party policy responds to the claim
› whether accident was a motor accident within the meaning of Road Transport (Third Party Insurance) Act 2008 (ACT), s 7
› definition of “use or operation of a motor vehicle”
Torts
› NEGLIGENCE
› Personal injury
› plaintiff sues fellow employee of Territory for negligence
› whether liability of fellow employee precluded by s 44 of the Safety, Rehabilitation and Compensation Act 1988 (Cth)
› whether Territory would have been liable for negligence of fellow employee
› Territory would have been vicariously liable
› s 44 precludes liability of fellow employee and hence liability of third party insurer
Words and Phrases
› “in the course of employment”
› whether employee in the course of employment so as to make employer vicariously liable for conduct when he has concluded work but is driving on employer’s premises
Case Details
Citation[2019] ACTSC 113
CourtACTSC
JurisdictionAustralian Capital Territory
Decision Date21 June 2019
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