Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lavrick v Lease Auto Pty Ltd [2002] FCA 599
TRANSPORT – INSURANCE – third party motor vehicle insurance – interpretation of Transport Accident Act 1986 (Vic) – whether Transport Accident Commission required by the Act to indemnify the owner of a vehicle for liability arising solely under contract for personal injury sustained to a third party in a transport accident. Accident Compensation Act 1985 (Vic) Accident Compensation (Common Law and Benefits) Act 2000 (Vic) Acts Interpretation Act 1901 (Cth), s15AA Australian Constitution, s 109 Interpretation of Legislation Act 1984 (Vic), 35(a) Judiciary Act 1903 (Cth), s 78B Motor Accidents Act 1973 (Vic) Motor Car (Third Party Insurance) Act 1939 (Vic) Motor Car Act 1951 (Vic) Motor Car Act 1958 (Vic) Sentencing Act 1991 (Vic) Trade Practices Act 1974 (Cth), ss 52, 53, 82, 71 Transport Accident Act 1986 (Vic), ss 3, 8, 11, 12, 27, 35, 37, 38, 93, 94, 109 Transport Accident (Amendment) Act 1988 (Vic) Transport Accident (General Amendment) Act 1994 (Vic) Arturi v Zupps Motors Pty Ltd (1980) 49 FLR 283 – referred to AS James Pty Ltd v Duncan [1970] VR 705 – referred to Astley v Austrust Ltd (1999) 197 CLR 1 - discussed Belous v Willets [1970] VR 45 – referred to Bentley v Furlan [1999] 3 VR 63 - considered Commercial Union Assurance Co of Australia Ltd v Insurance Commissioner [1985] VR 811 – discussed Commercial Union Assurance Co. of Australia Ltd v Insurance Commission [1980] VR 443 – discussed E v Australian Red Cross Society (1991) 27 FCR 310 – referred to Edwards v Jepson [1998] 1 VR 197 – referred to Henderson v Merrett Syndicates Ltd [1995] 2 AC 145 – referred to Jennings Constructions Pty Ltd v Workers Rehabilitation & Compensation Corporation (1998) 71 SASR 465 – referred to K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 60 ALR 509 – referred to National Mutual Fire Insurance Co Ltd v Insurance Commissioner [1985] VR 811 - cited Norwich Winterthur Insurance (Australia) Ltd v State Government Insurance Commission (1991) 6 ANZ Ins Cas 61-044 - discussed Pritchard v Racecage Pty Ltd (1997) 72 FCR 203 - discussed Swannell v Farmer [1999] 1 VR 299 – referred to The Victorian Chamber of Manufacturers v Commonwealth (1943) 67 CLR 335 - discussed Townley v Vadipile Drilling Pty Ltd (1996) 66 SASR 356 – referred to Wallis v Downard – Pickford (North Queensland) Pty Ltd (1994) 179 CLR 388 – referred to Wilson v Nattrass (1995) 21 MVR 41 – discussed ROBERT LAVRICK V LEASE AUTO PTY LTD & BUDGET RENTACAR AUSTRALIA PTY LTD AND BETWEEN BUDGET RENTACAR AUSTRALIA PTY LTD & LEASE AUTO PTY LTD AND BETWEEN LEASE AUTO PTY LTD & TRANSPORT ACCIDENT COMMISSION & FAI GENERAL INSURANCE CO. LTD S 12 of 1999 MANSFIELD J 10 MAY 2002 ADELAIDE
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