NSW Caselaw
New South Wales Court of Appeal
CITATION : Hasniyah MURAD v PACIFIC SERVICES PTY LTD & Anor [2004] NSWCA 251 HEARING DATE(S) : 21/7/04 JUDGMENT DATE : 21 July 2004
JUDGMENT OF : Spigelman CJ at 1; Handley JA at 31; Beazley JA at 32 DECISION : Leave to appeal granted; appeal allowed.
CATCHWORDS : Meaning of "motor vehicle" in Motor Accidents Compensation Act - whether a trolley shunter is a motor vehicle - natural and ordinary meaning of vehicle Driving Instructors Act 1992 Industrial Relations Act 1986 Motor Accidents Act 1988 Motor Accidents Compensation Act 1999 Motor Vehicle Sports (Public Safety) Act 1985 Road Transport (General) Act 1999 Road Transport (Vehicle Registration) Act 1997 LEGISLATION CITED : Road Transport (Driver Licensing) Act 1998 Road Transport (Heavy Vehicles Registration Charges) Act 1995 Road Transport (Safety and Traffic Management) Act 1999 Road Obstructions (Special Provisions) Act 1979 Stamp Duties Act 1920 Supreme Court Act 1970 Tow Truck Act 1989 Traffic Legislation Amendment Act 1997 Traffic Act 1909 CASES CITED : Fawcett v BHP By-Products Pty Limited (1960) 104 CLR 80 Hasniyah Murad (Claimant) PARTIES : Pacific Services Pty Ltd (First Opponent) David Lim (Second Opponent) FILE NUMBER(S) : CA 41093/03 COUNSEL : Mr A Lakeman (Claimant) Mr R Cavanagh (Opponent) SOLICITORS : G H Healey & Co (Claimant) Minter Ellison (Opponent)
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