Scuttle Clothing v Freylinder [2006] NSWDC 10

New South Wales District Court

CITATION: Scuttle Clothing v Freylinder [2006] NSWDC 10

HEARING DATE(S): 11 September 2006

JUDGMENT DATE: 13 September 2006

JURISDICTION: District Court

JUDGMENT OF: Williams DCJ at 1

DECISION: Section 142 of the Motor Accidents Act 1999 precludes an action for the loss of the services of an employee arising out of a motor accident.

CATCHWORDS: Motor accident - employee - loss of services

LEGISLATION CITED: Motor Accidents Compensation Act 1999 Interpretation Act 1987

Kenbrad Pty Ltd v Vakauta 2001 NSWCA 204 CASES CITED: GIO Australia v Robson 1997 42 NSWLR 439 Marinivski v Zutti Pty Ltd 1984 2 NSWLR 571

Scuttle Clothing Pty Ltd PARTIES: Freylinder & anor Freylinder & anor

FILE NUMBER(S): 1756 of 2006

COUNSEL: M White for Plaintiff N Chen for Defendants

SOLICITORS: Manion McCosker Turkslegal

BACKGROUND:- 1. On 5 March 2003 Evette Mansour was injured in a car accident on her way to work. That accident is said to have been caused by the negligent driving of Mr Freylinder who was driving a vehicle owned by ISS Hygiene & Services Pty Limited. As such this accident is one that would be covered by the Motor Accidents Compensations Act 1999 (MACA).

THE ISSUE:- 2. What is unusual about the motions before me is that the plaintiff in this action is not Ms Mansour but her employer, who sues the defendants for the loss of her services, in accordance with the old cause of action referred to as an action per quod servitium amisit. In effect the motions seek a resolution of whether or not the plaintiff's cause of action is maintainable having regard to s142 of the MACA.