Chang v McTye [2024] NSWDC 218

Chang v McTye [2024] NSWDC 218

The plaintiff's injuries were caused by or arose out of the use of a public transport bus, and s 121(3) of the Transport Administration Act 1988 (NSW) refers to accidents arising out of the use of any form of public transport. A contextual construction was inappropriate because the relevant legislation is a hodge-podge from which no reliable legislative purpose can be discerned. On a linguistic construction, the inclusive language of s 121, the absence of any exclusion for buses, the deeming provisions in s 121(2), the post-2017 sentence in s 121(1), and the absence of relevant regulations under s 121(2A) or s 121(3) led to the conclusion that Chapter 5 of the Motor Accidents Compensation...

Jurisdiction
Australia
Judgment Date
14 June 2024
Procedural Posture
Civil Proceeding Concerning Assessment of Damages for Injuries From a Public Transport Bus Collision / Determination of a Separate Question Pursuant to R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw) on the Plaintiff's Notice of Motion Filed on 19 March 2024
Outcome
The separate question was answered in favour of the plaintiff; the plaintiff's damages are to be assessed under Chapter 5 of the Motor Accidents Compensation Act 1999 (NSW) pursuant to s 121 of the Transport Administration Act 1988 (NSW), and not under Part 4 of the Motor Accident Injuries Act 2017 (NSW).
Legal Topics
['determination of a Separate Question' 'applicable Statutory Regime for Assessment of Damages' 'construction of S 121 of the Transport Administration Act 1988 (nsw)' 'application of Chapter 5 of the Motor Accidents Compensation Act 1999 (nsw)' 'whether Part 4 of the Motor Accident Injuries Act 2017 (nsw) Applies']
['civil Procedure' 'statutory Interpretation' 'motor Accident Compensation' 'public Transport Accidents'] ['determination of a Separate Question' 'applicable Statutory Regime for Assessment of Damages' 'construction of S 121 of the Transport Administration Act 1988 (nsw)' 'application of Chapter 5 of the Motor Accidents Compensation Act 1999 (nsw)' 'whether Part 4 of the Motor Accident Injuries Act 2017 (nsw) Applies']

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Procedural Posture

Civil Proceeding Concerning Assessment of Damages for Injuries From a Public Transport Bus Collision / Determination of a Separate Question Pursuant to R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw) on the Plaintiff's Notice of Motion Filed on 19 March 2024

Legal Issues

  1. 1 ["Whether the plaintiff's damages for injuries suffered when a public transport bus collided with a bicycle are to be assessed under Chapter 5 of the Motor Accidents Compensation Act 1999 (NSW) pursuant to s 121 of the Transport Administration Act 1988 (NSW), or under Part 4 of the Motor Accident Injuries Act 2017 (NSW)." 'Whether a bus collision occurring after commencement of the Motor Accident Injuries Act 2017 (NSW) is a public transport accident to which s 121 of the Transport Administration Act 1988 (NSW) applies.' 'What effect should be given to the words in s 121(1) of the Transport Administration Act 1988 (NSW), "not being an award of damages to which that Chapter applies".']

Ratio Decidendi

The plaintiff's injuries were caused by or arose out of the use of a public transport bus, and s 121(3) of the Transport Administration Act 1988 (NSW) refers to accidents arising out of the use of any form of public transport. A contextual construction was inappropriate because the relevant legislation is a hodge-podge from which no reliable legislative purpose can be discerned. On a linguistic construction, the inclusive language of s 121, the absence of any exclusion for buses, the deeming provisions in s 121(2), the post-2017 sentence in s 121(1), and the absence of relevant regulations under s 121(2A) or s 121(3) led to the conclusion that Chapter 5 of the Motor Accidents Compensation...

Court Disposition

The separate question was answered in favour of the plaintiff; the plaintiff's damages are to be assessed under Chapter 5 of the Motor Accidents Compensation Act 1999 (NSW) pursuant to s 121 of the Transport Administration Act 1988 (NSW), and not under Part 4 of the Motor Accident Injuries Act 2017 (NSW).

Orders

  • ["The separate question posed in the Notice of Motion filed on 19 March 2024 is answered as follows: The plaintiff's damages are to be assessed under Chapter 5 of the Motor Accidents Compensation Act 1999 (NSW) pursuant to the operation of s 121 Transport Administration Act 1988 (NSW), and not under Part 4 of the...