PROSPECT COUNTY COUNCIL v FOSTER & ANOR [2001] NSWCA 117

PROSPECT COUNTY COUNCIL v FOSTER & ANOR [2001] NSWCA 117

Employer's negligence in failing to provide safe testing equipment and follow safety regulations was not fault in the use or operation of the cherrypicker as a motor vehicle, so the compulsory third party policy did not respond to the claim.

Jurisdiction
Australia
Judgment Date
23 April 2001
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed (in respect of damages), liability decision upheld, orders made as to quantum and costs
Legal Topics
['motor Accidents Act' 'compulsory Third Party Insurance' 'industrial Accidents' 'use of Motor Vehicles for Access to Power Lines']
['insurance Law' 'personal Injury'] ['motor Accidents Act' 'compulsory Third Party Insurance' 'industrial Accidents' 'use of Motor Vehicles for Access to Power Lines']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether compulsory third party policy under Motor Accidents Act covers an industrial accident involving use of elevated work platform (cherrypicker)' 'Whether employer’s negligence in providing testing equipment or failing safety procedures constitutes fault in use or operation of motor vehicle under the Act']

Ratio Decidendi

Employer's negligence in failing to provide safe testing equipment and follow safety regulations was not fault in the use or operation of the cherrypicker as a motor vehicle, so the compulsory third party policy did not respond to the claim.

Court Disposition

Appeal allowed (in respect of damages), liability decision upheld, orders made as to quantum and costs

Orders

  • ['Appeal allowed' 'Judgment of Master Harrison set aside, except as to costs' 'Substitute judgment for the plaintiff for $2,248,681.90 with effect from 26 November 1999' 'Court record to be amended to substitute Alan James Foster by his tutor, Protective Commissioner, as plaintiff' 'No order as to costs between...