State Government Insurance Office (Qld) v Crittenden [1966] HCA 56

State Government Insurance Office (Qld) v Crittenden [1966] HCA 56

The statutory policy, construed in the context and remedial purpose of The Motor Vehicles Insurance Acts, 1936 to 1961 Q., covered legal liability for damages sufficiently connected with accidental bodily injury caused by, through or in connection with the insured motor vehicle. A husband's claim for loss of his wife's consortium, services and society caused by bodily injury to her from the insured vehicle was therefore a liability for damages in respect of the motor vehicle for accidental bodily injury to a person, notwithstanding that the husband was not himself bodily injured.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From the Full Court of Queensland
Outcome
Appeal dismissed with costs.
Legal Topics
['compulsory Third Party Motor Vehicle Insurance' 'loss of Consortium' 'statutory Construction' 'indemnity for Damages for Accidental Bodily Injury']
['insurance Law' 'motor Vehicle Law' 'tort Law'] ['compulsory Third Party Motor Vehicle Insurance' 'loss of Consortium' 'statutory Construction' 'indemnity for Damages for Accidental Bodily Injury']

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Procedural Posture

Appeal / High Court Appeal From the Full Court of Queensland

Legal Issues

  1. 1 ["Whether a compulsory motor vehicle insurance policy indemnifying the insured against damages in respect of a motor vehicle for accidental bodily injury to any person extends to liability to a husband for loss of his wife's services and society caused by bodily injury to her through use of the insured motor vehicle."]

Ratio Decidendi

The statutory policy, construed in the context and remedial purpose of The Motor Vehicles Insurance Acts, 1936 to 1961 Q., covered legal liability for damages sufficiently connected with accidental bodily injury caused by, through or in connection with the insured motor vehicle. A husband's claim for loss of his wife's consortium, services and society caused by bodily injury to her from the insured vehicle was therefore a liability for damages in respect of the motor vehicle for accidental bodily injury to a person, notwithstanding that the husband was not himself bodily injured.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']