Fuller v Reel Trans Pty Limited [2003] NSWSC 336

New South Wales Supreme Court

CITATION : Fuller v Reel Trans Pty Limited [2003] NSWSC 336 HEARING DATE(S) : 4 April 2003 JUDGMENT DATE : 29 April 2003 JURISDICTION: Common Law Division JUDGMENT OF : Studdert J DECISION : Appeal allowed; orders made by the master on 13 February 2003 are set aside; the respondent is to pay the appellant's costs of this appeal and to have a certificate under the Suitors Fund Act, if qualified.

CATCHWORDS : Negligence - claim for damages by employee against employer - whether the employee suffered "injury" within definition of "injury" in s3 of the Motor Accidents Compensation Act 1999 - whether, if fault by employer, "injury" was caused during the use of the vehicle by a defect in the vehicle - whether summary determination of issue appropriate. Employers' Liability Act, 1880 (England) LEGISLATION CITED : Motor Accidents Compensation Act, 1999, ss 3, 10, 89, 92, 94, 108, 122, 123 Workers Compensation Act, s 151E Akhrass v Allianz Australia Insurance & Anor [2002] NSWSC 352; [2002] NSWSC 772 Metcalf v Great Boulder Proprietary Gold Mines Limited (1906) 3 CLR 543 CASES CITED : Pender v Power Coal Pty Limited [2002] NSWSC 925 Topfelt Pty Limited v State Bank of New South Wales (1993) 47 FCR 226 Zurich Australian Insurance Limited v CSR Limited (2001) 52 NSWLR 193 PARTIES : Alan Anthony Fuller (Appellant) Reel Trans Pty Limited (Respondent) FILE NUMBER(S) : SC 20739/01 COUNSEL : Dr. A.S. Morrison SC/J. Jobson (Appellant) C.R.R. Hoeben SC/J. Sewell (Respondent) SOLICITORS : Injury Compensation Service (Appellant) Holman Webb (Respondent)