Allianz Australia Insurance Limited v GSF Australia Pty Limited

Insurance – Motor vehicles – Third party liability insurance – Truck and trailer provided by first respondent to convey packed containers of food to airport – Appellant insurer of vehicle – Second respondent an employee of first respondent – Second respondent suffered back injury while assisting in unloading containers after vehicle's lifting mechanism became inoperative – Whether second respondent's injury an "injury" within the meaning of the Motor Accidents Act 1988 (NSW).

Insurance – Motor vehicles – Third party liability insurance – Causation – Whether second respondent's injury a result of and caused during use or operation of the vehicle by a defect in the vehicle – Utility of "common sense" tests for causation and notions of proximate cause.

Statutes – Construction – Purposive construction – Where object of the Motor Accidents Act 1988 (NSW), as amended, to contain overall costs of compulsory third party insurance scheme within reasonable bounds – Whether consistent with an expansive notion of causation of injury.

Words and phrases: "a result of" – "caused".

Motor Accidents Act 1988 (NSW) – ss 3(1), 69(1).