LEWIS v ECRODRESS PTY LTD and ANOR [1996] NSWCA 324

LEWIS v ECRODRESS PTY LTD and ANOR [1996] NSWCA 324

The injury was not connected to the use of the truck as a motor vehicle; it was caused by the hose operated by a separate motor, and the apparatus was not incorporated or affixed to the truck. Thus, the injuries did not arise out of the use of the motor vehicle under s14 of the Act.

Parties
Appellant: Lewis; First Respondent: Ecrodress Pty Ltd; Second Respondent: ANOR
Jurisdiction
Australia
Judgment Date
03 May 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Motor Vehicles (third Party Insurance) Act 1942 (nsw), Arising Out of the Use of a Motor Vehicle
Insurance Law Personal Injury Motor Vehicles (third Party Insurance) Act 1942 (nsw) Arising Out of the Use of a Motor Vehicle

Case Brief

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Parties

Lewis

Appellant

Ecrodress Pty Ltd

First Respondent

ANOR

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant's injuries were caused by or arose out of the use of a motor vehicle within the meaning of s14 of the Motor Vehicles (Third Party Insurance) Act 1942 (NSW)

Ratio Decidendi

The injury was not connected to the use of the truck as a motor vehicle; it was caused by the hose operated by a separate motor, and the apparatus was not incorporated or affixed to the truck. Thus, the injuries did not arise out of the use of the motor vehicle under s14 of the Act.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed with costs