Collins v Insurance Australia Ltd [2022] NSWCA 135

Collins v Insurance Australia Ltd [2022] NSWCA 135

The appellant’s injuries resulted from a dangerous situation caused by the insured driver’s negligence in colliding with another vehicle on a regional highway, blocking traffic and creating an unexpected stationary queue. This constituted a 'dangerous situation' within s 3A(1)(d) of the Motor Accidents Compensation Act 1999 (NSW). The insured driver owed a duty of care to the appellant as a member of the class of road users foreseeably at risk by such negligence. The risk of harm was 'not insignificant' under s 5B of the Civil Liability Act 2002 (NSW), and the insured driver breached the duty. Appellant’s contributory negligence was assessed at 20%. Judgment and orders of the District...

Parties
Appellant: Lisa Collins; Respondent: Insurance Australia Ltd
Jurisdiction
Australia
Judgment Date
02 August 2022
Procedural Posture
Appeal (civil) / Judgment on Appeal From District Court
Outcome
Appeal allowed. Judgment for plaintiff.
Legal Topics
Compulsory Third Party Insurance, Motor Vehicle Accidents, Negligence, Duty of Care, Breach of Duty, Causation, Contributory Negligence, Construction of Statutory Terms
Insurance Law Tort Law Personal Injury Compulsory Third Party Insurance Motor Vehicle Accidents Negligence Duty of Care Breach of Duty +3 more

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Parties

Lisa Collins

Appellant

Insurance Australia Ltd

Respondent

Procedural Posture

Appeal (civil) / Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the injury to the appellant resulted from a 'dangerous situation' caused by the driving of the insured driver for the purposes of s 3A(1)(d) of the Motor Accidents Compensation Act 1999 (NSW)
  2. 2 Whether the insured driver owed a duty of care to the appellant as a road user at the time and place of her accident
  3. 3 Whether the insured driver breached that duty of care

Ratio Decidendi

The appellant’s injuries resulted from a dangerous situation caused by the insured driver’s negligence in colliding with another vehicle on a regional highway, blocking traffic and creating an unexpected stationary queue. This constituted a 'dangerous situation' within s 3A(1)(d) of the Motor Accidents Compensation Act 1999 (NSW). The insured driver owed a duty of care to the appellant as a member of the class of road users foreseeably at risk by such negligence. The risk of harm was 'not insignificant' under s 5B of the Civil Liability Act 2002 (NSW), and the insured driver breached the duty. Appellant’s contributory negligence was assessed at 20%. Judgment and orders of the District...

Court Disposition

Appeal allowed. Judgment for plaintiff.

Orders

  • Set aside the judgment and orders 1 and 2 made in the District Court on 2 August 2021.
  • Give judgment for the plaintiff against the defendant in an amount of $200,000.