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Blameless motor accident December 6, 2015

TORTS – motor accident compensation – blameless accident – kangaroo collides with motor cycle in the outback – only in Australia – statutory interpretation – whether driver can claim under no fault scheme – whether injuries occasioned by a “blameless motor accident” – whether plaintiff’s act or omission caused the accident – statutory modification to the concept of causation – where defendant not required to establish that plaintiff at fault – statutory definition of fault – whether riding a motor cycle constituted an act or omission – whether excessive speed an act that caused the accident – whether failure to observe kangaroo an omission that caused the accident

Melenewycz v Whitfield [2015] NSWSC 1482

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