Nominal Defendant v GLG Australia Pty Limited

Nominal Defendant v GLG Australia Pty Limited

Statutes – Motor Accidents Act 1988 (NSW) ("the Act") - Scope of indemnity - Scope of definition of "injury" under s 3(1) of the Act - A system of work involving forklift vehicle produced vibrations causing boxes in container to fall and strike worker - Whether injury "is a result of and is caused during ... the driving of the vehicle" under par (a)(i) of the definition of "injury" - Whether Allianz Australia Insurance Ltd v GSF Australia Pty Ltd (2005) 79 ALJR 1079 215 ALR 385 required definition of "injury" to be construed consistently with s 69(1) of the Act - Whether injury "caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle" - Whether fault in failing to devise a safe system of work can be invoked as basis of claim for indemnity under the Act - Causation - Whether direct and proximate relationship between the driving of the vehicle and the injuries.

Statutes – Construction - Purpose of legislation - Extrinsic materials - Use of ministerial second reading speech - Whether any disparity between Minister's speech and law as enacted - Duty of courts to enacted law.

Practice and procedure – Court of Appeal (NSW) - Orders disposing of appeal - Inclusion of orders for costs and interest - Whether such orders involved procedural unfairness in the circumstances.

Words and phrases – "injury".

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