Lavrick v Lease Auto Pty Ltd [2002] FCA 599

Lavrick v Lease Auto Pty Ltd [2002] FCA 599

Lease Auto’s liability to the applicant arose from breach of an implied contractual term, and was a liability at common law in respect of a transport accident; s 94(1) of the Transport Accident Act 1986 (Vic) is expressed in terms wide enough to oblige TAC to indemnify Lease Auto for such liability, subject only to express exclusions, none of which apply to damages for breach of contract in these circumstances.

Jurisdiction
Australia
Judgment Date
10 May 2002
Procedural Posture
Civil / Judgment
Outcome
Judgment for applicant; Lease Auto entitled to indemnity from TAC
Legal Topics
['third Party Motor Vehicle Insurance' 'personal Injury Compensation' 'interpretation of Transport Accident Act 1986 (vic)' 'common Law Damages' 'implied Terms Under Trade Practices Act 1974 (cth)' 'indemnity Under Statutory Scheme']
['transport Law' 'insurance Law' 'contract Law' 'consumer Law' 'statutory Interpretation'] ['third Party Motor Vehicle Insurance' 'personal Injury Compensation' 'interpretation of Transport Accident Act 1986 (vic)' 'common Law Damages' 'implied Terms Under Trade Practices Act 1974 (cth)' 'indemnity Under Statutory Scheme']

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the Transport Accident Commission (TAC) is required under the Transport Accident Act 1986 (Vic) to indemnify Lease Auto Pty Ltd for liability to the applicant arising solely under contract for personal injury sustained in a transport accident' 'Whether s 93 of the Transport Accident Act 1986 (Vic) precludes recovery of damages by the applicant' 'Construction and scope of s 94(1) of the Transport Accident Act 1986 (Vic)' 'Whether liability at common law for breach of contract falls within the indemnity scheme']

Ratio Decidendi

Lease Auto’s liability to the applicant arose from breach of an implied contractual term, and was a liability at common law in respect of a transport accident; s 94(1) of the Transport Accident Act 1986 (Vic) is expressed in terms wide enough to oblige TAC to indemnify Lease Auto for such liability, subject only to express exclusions, none of which apply to damages for breach of contract in these circumstances.

Court Disposition

Judgment for applicant; Lease Auto entitled to indemnity from TAC

Orders

  • ['Lease Auto Pty Ltd to pay Robert Lavrick damages in the sum of $370,000 including interest.' 'Lease Auto Pty Ltd is entitled to indemnity from Transport Accident Commission in respect of its liability to Robert Lavrick.']