AMP General Insurance Ltd v Maguire and Anor t/as MJM Automotive Mechanical Repairs & 2 Ors [2004] NSWCA 64

AMP General Insurance Ltd v Maguire and Anor t/as MJM Automotive Mechanical Repairs & 2 Ors [2004] NSWCA 64

The tradesman, as the person in charge of the vehicle, was a driver within the meaning of the Act when he requested the ignition be turned on; liability arose through his fault in the use or operation of the vehicle, thus triggering the indemnity under the compulsory policy.

Parties
Appellant: AMP General Insurance Ltd; First Respondents: Michael James Maguire and Patricia Mary Maguire t/as MJM Automotive Mechanical Repairs; Second Respondent: CIC Insurance Ltd; Third Respondent: Paul Deas
Jurisdiction
Australia
Judgment Date
04 March 2004
Procedural Posture
Appeal / Judgment on Appeal From District Court on Cross Claims Between Insurers
Outcome
Appeal allowed
Legal Topics
Compulsory Third Party Insurance, Definition of Driver, Indemnity Liability Between Insurers, Motor Vehicle Accidents
Insurance Law Personal Injury Compulsory Third Party Insurance Definition of Driver Indemnity Liability Between Insurers Motor Vehicle Accidents

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Parties

AMP General Insurance Ltd

Appellant

Michael James Maguire and Patricia Mary Maguire t/as MJM Automotive Mechanical Repairs

First Respondents

CIC Insurance Ltd

Second Respondent

Paul Deas

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From District Court on Cross Claims Between Insurers

Legal Issues

  1. 1 Whether tradesman in charge of the vehicle was a driver under the Motor Accidents Act 1988 for indemnity purposes
  2. 2 Whether public liability or compulsory third party policy provided indemnity for injuries caused when a vehicle was negligently started

Ratio Decidendi

The tradesman, as the person in charge of the vehicle, was a driver within the meaning of the Act when he requested the ignition be turned on; liability arose through his fault in the use or operation of the vehicle, thus triggering the indemnity under the compulsory policy.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Judgments of the District Court on the cross-claims set aside.