Hasniyah MURAD v PACIFIC SERVICES PTY LTD & Anor [2004] NSWCA 251

Hasniyah MURAD v PACIFIC SERVICES PTY LTD & Anor [2004] NSWCA 251

The trolley shunter was a pushing device, not designed to carry or contain any object or person, and did no more than propel the trolleys. Because it was not a vehicle in the natural and ordinary meaning of that word, it was not a motor vehicle within the meaning of the Motor Accidents Compensation Act 1999. The Statement of Claim should not have been struck out on the basis of s108.

Jurisdiction
Australia
Judgment Date
21 July 2004
Procedural Posture
Application for Leave to Appeal From a District Court Decision Striking Out the Statement of Claim / Court of Appeal
Outcome
Leave to appeal granted; appeal allowed.
Legal Topics
['meaning of Motor Vehicle' 'meaning of Vehicle' 'trolley Shunter' 'motor Accidents Compensation Act 1999 S108' 'strike Out of Statement of Claim']
['motor Accidents Compensation' 'statutory Interpretation' 'personal Injury' 'civil Procedure'] ['meaning of Motor Vehicle' 'meaning of Vehicle' 'trolley Shunter' 'motor Accidents Compensation Act 1999 S108' 'strike Out of Statement of Claim']

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Procedural Posture

Application for Leave to Appeal From a District Court Decision Striking Out the Statement of Claim / Court of Appeal

Legal Issues

  1. 1 ['Whether the trolley shunter was a motor vehicle within the meaning of the Motor Accidents Compensation Act 1999.' "Whether the claimant's Statement of Claim was barred by s108 of the Motor Accidents Compensation Act 1999."]

Ratio Decidendi

The trolley shunter was a pushing device, not designed to carry or contain any object or person, and did no more than propel the trolleys. Because it was not a vehicle in the natural and ordinary meaning of that word, it was not a motor vehicle within the meaning of the Motor Accidents Compensation Act 1999. The Statement of Claim should not have been struck out on the basis of s108.

Court Disposition

Leave to appeal granted; appeal allowed.

Orders

  • ['Leave to appeal granted, subject to the Notice of Appeal being filed within 14 days.' 'Appeal allowed.' 'Vacate the order made by Gamble ADCJ on 31 October 2003.' 'Notice of Motion of 1 September 2003 in the District Court of New South Wales dismissed.' "Order the Opponent/Respondent to pay the...