Blameless motor accident
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…
Read MoreRider cannot sue owner for "blameless motor accident"
Blameless motor accidents: refusal of leave to re-argue Axiak
Blameless accident claim against insurer
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…
Read MoreBlameless 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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