Insurance Commission of Western Australia v Container Handlers Pty Ltd [2004] HCA 24

HIGH COURT OF AUSTRALIA

McHUGH J,

GUMMOW, KIRBY, CALLINAN AND HEYDON JJ

INSURANCE COMMISSION OF WESTERN AUSTRALIA APPELLANT

AND

CONTAINER HANDLERS PTY LTD & ORS RESPONDENTS

Insurance Commission of Western Australia v Container Handlers Pty Ltd [2004] HCA 24

26 May 2004

P37/2003

ORDER

1. The appeal is allowed. 2. Container Handlers Pty Ltd is to bear the costs of Insurance Commission of Western Australia. 3. Orders 1, 2 and 3 of the Full Court of the Supreme Court of Western Australia made on 3 October 2001 are set aside and, in place thereof, it is ordered that the appeal to that Court by Container Handlers Pty Ltd against Insurance Commission of Western Australia is dismissed with costs.

On appeal from Supreme Court of Western Australia

Representation:

B W Walker SC with P J Brereton for the appellant (instructed by Phillips Fox)

D F Jackson QC with G R Hancy for the first respondent (instructed by Mullins Handcock)

No appearance for the second and third respondents

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Insurance Commission of Western Australia v Container Handlers Pty Ltd

Insurance – Motor vehicles – Third party liability insurance – Prime mover and low loader – Where plaintiff injured while making repairs to vehicle – Directly caused by, or by the driving of, motor vehicle.

Insurance – Motor vehicles – Third party liability insurance – Construction of term of insurance contract in light of legislative policy.

Statutes – Construction – Purposive construction – Use of extrinsic materials to aid statutory construction.

Words and phrases – "Directly caused by, or by the driving of, [a] motor vehicle", "caused by [a] motor vehicle if a consequence of the driving of that vehicle or of the vehicle running out of control", "a consequence of", "driving".