NSW Caselaw
New South Wales Court of Appeal
CITATION: QBE Insurance (Australia) Ltd. v. Smith by his next friend Avard & Anor. [2005] NSWCA 130
HEARING DATE(S): 6 April 2005
JUDGMENT DATE: 26 April 2005
JUDGMENT OF: Hodgson JA at 1; Young CJ in Eq at 44; Campbell AJA at 56
DECISION: 1. Appeal dismissed. 2. Appellant to pay the respondents' costs of the application for leave and the appeal.
CATCHWORDS: TORT - Negligence - Motor accident - Meaning of injury - Whether injury caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle - Whether the injury a result of the driving of the vehicle - Whether the injury caused during the driving of the vehicle - Meaning of driving.
Allianz Australia Insurance Ltd. v. GSF Australia Pty. Ltd. (2003) 57 NSWLR 321 Chapman v. Taylor (No.3) [2005] NSWCA 95 GLG Australia Pty. Ltd. v. The Nominal Defendant [2004] NSWCA 116 CASES CITED: Gunter v State Transit Authority of NSW [2004] NSWCA 330 Insurance Commission of Western Australia v. Container Handlers Pty. Ltd. [2004] HCA 24, 78 ALJR 821 Prospect County Council v. Foster (2001) 33 MVR 228
QBE Insurance (Australia) Limited - appellant PARTIES: Nathaniel Maxwell Smith by his next friend Sue Avard - 1st respondent Simon James Smith - 2nd respondent
FILE NUMBER(S): CA 40612/04
Mr. P. Webb QC with Mr. B.G. Smith for appellant COUNSEL: Mr. P. Hennessy SC with Mr. M. Gilbert for 1st respondent Mr. H. Marshall SC with Mr. T. Dixon for 2nd respondent
Moray & Agnew, Sydney for appellant SOLICITORS: Stacks, Port Macquarie for 1st respondent Beilby Poulden Costello, Sydney for 2nd respondent
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate