Blameless motor accident

Workers compensation insurer entitled to recover payments from a blameless motor accident insurer

By robert / December 5, 2016 / Comments Off on Workers compensation insurer entitled to recover payments from a blameless motor accident insurer

State of NSW v Wenham [2016] NSWCA 336 The appellant was the employer of Ms Goddard. Ms Goddard was driving behind a truck driven by the first respondent and owned by the second respondent. A wheel assembly disconnected from the truck, collided with the vehicle Ms Goddard was driving, and caused her injury. The respondents…

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Rider cannot sue owner for "blameless motor accident"

By robert / August 31, 2016 / 0 Comments
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Blameless motor accidents: refusal of leave to re-argue Axiak

By robert / August 29, 2016 / 0 Comments

 

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Blameless accident claim against insurer

By Robert Sheldon / April 27, 2016 / 0 Comments

PROCEDURE – notice of motion – claim under the blameless accident provisions of the Motor Accidents Compensation Act 1999 (NSW) – insurer seeking proceedings against it be dismissed – Rule 14.28(1)(a) of the Uniform Civil Procedure Rules 2005 (NSW) – whether there is reasonable cause of action – proceedings cannot be dismissed – pleadings to…

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Blameless motor accident

By Robert Sheldon / December 6, 2015 / Comments Off on Blameless motor accident

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…

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