Scuttle Clothing v Freylinder [2006] NSWDC 10

Scuttle Clothing v Freylinder [2006] NSWDC 10

Section 142 of the Motor Accidents Compensation Act 1999, read according to its clear wording, ordinary meaning, statutory objects and confirmed by the Minister's committee statement, excludes an employer's common law action per quod servitium amisit for economic loss arising from the loss of an employee's services where the loss arose out of a motor accident.

Jurisdiction
Australia
Judgment Date
13 September 2006
Procedural Posture
Motor Accident Damages Claim for Loss of Services of an Employee / Motions to Determine Whether the Plaintiff's Action Per Quod Servitium Amisit Is Maintainable Having Regard to S142 of the Motor Accidents Compensation Act 1999
Outcome
The plaintiff is prevented by s142 of the Motor Accidents Compensation Act 1999 from bringing an action per quod servitium amisit for damages at common law for economic loss arising out of the motor vehicle accident on or about 5 March 2003.
Legal Topics
['loss of Services of an Employee' 'action Per Quod Servitium Amisit' 'motor Accident Economic Loss' 'interpretation of S142 of the Motor Accidents Compensation Act 1999']
['motor Accidents Compensation' 'tort Law' 'statutory Interpretation' 'damages'] ['loss of Services of an Employee' 'action Per Quod Servitium Amisit' 'motor Accident Economic Loss' 'interpretation of S142 of the Motor Accidents Compensation Act 1999']

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Procedural Posture

Motor Accident Damages Claim for Loss of Services of an Employee / Motions to Determine Whether the Plaintiff's Action Per Quod Servitium Amisit Is Maintainable Having Regard to S142 of the Motor Accidents Compensation Act 1999

Legal Issues

  1. 1 ["Whether s142 of the Motor Accidents Compensation Act 1999 precludes an employer's action per quod servitium amisit for loss of the services of an employee injured in a motor accident."]

Ratio Decidendi

Section 142 of the Motor Accidents Compensation Act 1999, read according to its clear wording, ordinary meaning, statutory objects and confirmed by the Minister's committee statement, excludes an employer's common law action per quod servitium amisit for economic loss arising from the loss of an employee's services where the loss arose out of a motor accident.

Court Disposition

The plaintiff is prevented by s142 of the Motor Accidents Compensation Act 1999 from bringing an action per quod servitium amisit for damages at common law for economic loss arising out of the motor vehicle accident on or about 5 March 2003.

Orders

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