High Court of Australia
High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Goryl v Greyhound Australia Pty Ltd [1994] HCA 18
ORDER Answer the questions in the case stated as follows. 1.
(a)
Is s. 20 of the Motor Vehicles Insurance Act 1936 Q applicable to the [plaintiff's] claim against the first [defendant]?
Answer: In terms, yes.
(b)
Is s. 16(b), operating in conjunction with s. 19 of the Motor Vehicles Insurance Act, applicable to the [plaintiff's] claim against the second [defendant]?
Answer: No.
2. If the answer to either 1(a) or 1(b) is yes, then does s. 16(b), operating in conjunction with s. 19 and/or s. 20 of the Motor Vehicles Insurance Act, subject the [plaintiff], in Queensland, to a disability or discrimination, which would not be equally applicable to her, if she were a subject of the Queen, resident in Queensland, within the meaning of s. 117 of the Constitution? Answer: Section 20 of the Motor Vehicles Insurance Act subjects the plaintiff, in Queensland, to a disability or discrimination which would not be equally applicable to her if she were a subject of the Queen, resident in Queensland, within the meaning of s. 117 of the Constitution. 3. If the answer to 2 is yes, then does s. 117 of the Constitution render s. 16(b) and/or s. 20 of the Motor Vehicles Insurance Act inapplicable to the [plaintiff's] claim? Answer: Section 117 of the Constitution renders s. 20 of the Motor Vehicles Insurance Act inapplicable to the plaintiff's claim. The defendants to pay the costs of the case stated.
Cur. adv vult.
The following written judgments were delivered:—
1994, April 20 Mason C.J.
In view of the majority decision in Stevens v Head [1] , following upon the majority decision in McKain v R. W. Miller & Co. (S.A.) Pty. Ltd. [2] , I see no point in maintaining the dissenting view which I expressed in those two cases. Accepting the principles established in those cases, I agree with the reasons for judgment prepared by Dawson and Toohey JJ.
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