Transport Accident Commission v Lease Auto Pty Ltd [2002] FCAFC 430

FEDERAL COURT OF AUSTRALIA

Transport Accident Commission v Lease Auto Pty Ltd [2002] FCAFC 430 MOTOR VEHICLES – whether statutory right of indemnity against "any liability" in respect of injury caused by use of motor vehicle extends to liability under contractual term of fitness for purpose implied by s 71(2) of Trade Practices Act 1974 (Cth) JUDGMENTS – interest on judgments – power to order entry of judgment and accrual of interest from an earlier date WORDS AND PHRASES – "any liability"

Trade Practices Act 1974 (Cth) s 71(2) Transport Accident Act 1986 (Vic) s 94(1), 93 Federal Court of Australia Act 1976 (Cth) s 52 Federal Court Rules O 35 r 3 Lavrick v Lease Auto Pty Ltd [2002] FCA 599 affirmed Arturi v Zupps Motors Pty Ltd (1980) 33 ALR 243 cited Wallis v Downard-Pickford (North Queensland) Pty Ltd (1994) 179 CLR 388 cited Thompson v Goold & Co [1910] AC 409 at 420 applied Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 at 321 applied TRANSPORT ACCIDENT COMMISSION v LEASE AUTO PTY LTD (ACN 007 163 975) S154 OF 2002 HEEREY, MOORE AND KIEFEL JJ 18 DECEMBER 2002 MELBOURNE (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S154 OF 2002

BETWEEN: TRANSPORT ACCIDENT COMMISSION

APPELLANT

AND: LEASE AUTO PTY LTD (ACN 007 163 975)

RESPONDENT

JUDGE: HEEREY, MOORE AND KIEFEL JJ

DATE OF ORDER: 18 DECEMBER 2002

WHERE MADE: MELBOURNE (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondent's costs to be taxed, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S154 OF 2002