Genders v Ajax Insurance Co Ltd [1950] HCA 47

Genders v Ajax Insurance Co Ltd [1950] HCA 47

In relation to a motor vehicle bearing the plaintiff's trader's plate, the compulsory insurance provisions of the Motor Vehicles (Third Party Insurance) Act 1942 applied because the plaintiff, as the trader to whom the plate was issued, was the statutory owner; the Commonwealth's general property in the vehicle did not make it a motor vehicle owned by the Commonwealth within the relevant statutory exclusion. The policy therefore included the risk and the plaintiff was entitled to recover on it, subject to any other defences.

Jurisdiction
Australia
Procedural Posture
Appeal in an Insurance Action to Recover Indemnity Under a Motor Vehicle Third Party Policy / Appeal From a Decision of the Supreme Court of New South Wales on Demurrers to the Third Plea and to a Replication
Outcome
Appeal allowed with costs.
Legal Topics
['compulsory Third Party Insurance' "trader's Plates" 'commonwealth Owned Motor Vehicles' 'meaning of Owner and Owned' 'demurrer']
['insurance Law' 'statutory Interpretation' 'motor Vehicle Third Party Insurance'] ['compulsory Third Party Insurance' "trader's Plates" 'commonwealth Owned Motor Vehicles' 'meaning of Owner and Owned' 'demurrer']

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Procedural Posture

Appeal in an Insurance Action to Recover Indemnity Under a Motor Vehicle Third Party Policy / Appeal From a Decision of the Supreme Court of New South Wales on Demurrers to the Third Plea and to a Replication

Legal Issues

  1. 1 ["Whether a motor vehicle the general property in which was vested in the Commonwealth of Australia was excluded from the Motor Vehicles (Third Party Insurance) Act 1942 and from a third party policy issued in relation to a trader's plate." 'Whether the word "owned" in the exclusion for motor vehicles owned by the Commonwealth should be controlled by the statutory definition of "owner".' "Whether the plaintiff trader to whom the trader's plate was issued was entitled to recover under the policy for liability incurred in respect of death caused by or arising out of the use of the vehicle."]

Ratio Decidendi

In relation to a motor vehicle bearing the plaintiff's trader's plate, the compulsory insurance provisions of the Motor Vehicles (Third Party Insurance) Act 1942 applied because the plaintiff, as the trader to whom the plate was issued, was the statutory owner; the Commonwealth's general property in the vehicle did not make it a motor vehicle owned by the Commonwealth within the relevant statutory exclusion. The policy therefore included the risk and the plaintiff was entitled to recover on it, subject to any other defences.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Order of Supreme Court discharged.' 'In lieu thereof judgment for the plaintiff in demurrer upon the third plea with costs of both demurrers.']