K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd [1985] HCA 48
Section 133 of the Motor Vehicles Act 1959 S.A., as amended, applies broadly to any contract by which a person contracts in advance out of the right to claim damages for the negligence of another in driving a motor vehicle, including property damage, and covers both natural and corporate persons; thus the exclusion clause in the carrier's contract was void and the appeal must be dismissed.
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / Final Written Judgment and Orders
- Outcome
- appeal dismissed
- Legal Topics
- ['exclusion Clauses' 'negligence' 'interpretation of Statutory Provisions' 'motor Vehicles Act 1959 S.a. S.133' 'property Damage in Transit']
Case Brief
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Procedural Posture
Appeal / Final Written Judgment and Orders
Legal Issues
- 1 ['Does s.133 of the Motor Vehicles Act 1959 S.A. apply to contractual clauses excluding liability for negligence resulting in property damage, or is it limited to death or bodily injury?' "Does the term 'person' in s.133 include companies or only natural persons?"]
Ratio Decidendi
Section 133 of the Motor Vehicles Act 1959 S.A., as amended, applies broadly to any contract by which a person contracts in advance out of the right to claim damages for the negligence of another in driving a motor vehicle, including property damage, and covers both natural and corporate persons; thus the exclusion clause in the carrier's contract was void and the appeal must be dismissed.
Court Disposition
appeal dismissed
Orders
- ['Appeal dismissed with costs']
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