Insurance Commission of Western Australia v Container Handlers Pty Ltd

[2004] HCA 24
Judgment date
Case number
P37/2003
Before
McHugh, Gummow, Kirby, Callinan, Heydon JJ
Catchwords

Insurance – Motor vehicles - Third party liability insurance - Prime mover and low loader - Where plaintiff injured while making repairs to vehicle - Directly caused by, or by the driving of, motor vehicle.

Insurance – Motor vehicles - Third party liability insurance - Construction of term of insurance contract in light of legislative policy.

Statutes – Construction - Purposive construction - Use of extrinsic materials to aid statutory construction.

Words and phrases – "Directly caused by, or by the driving of, [a] motor vehicle", "caused by [a] motor vehicle if a consequence of the driving of that vehicle or of the vehicle running out of control", "a consequence of", "driving".

Motor Vehicle (Third Party Insurance) Act 1943 (WA) – ss 3(1), 3(7), 4(1), 6(1), Schedule.

Files
24.rtf (105.15 KB)
24.pdf (219.18 KB)