NSW Caselaw
Reported Decision : (2006) 14 ANZ Insurance Cases 61-687
New South Wales Court of Appeal
CITATION: AMP General Insurance Ltd. v. Kull & Anor. [2005] NSWCA 442
HEARING DATE(S): 27 September 2005
JUDGMENT DATE: 12 December 2005
JUDGMENT OF: Giles JA at 1; Hodgson JA at 17; Santow JA at 78
DECISION: 1. Appeal and cross-appeal allowed to the extent of substituting, for the verdict of $178,788.00 for Mr. Kull against Mr. Maloney, a verdict of $118,788.00 to take effect on 29 November 2004. 2. Appeal and cross-appeal otherwise dismissed. 3. Order that AMP pay one-half of Mr. Maloney's costs of the appeal and cross-appeal, and that otherwise each party bear its own costs of the appeal, with Mr. Kull to have a certificate under the Suitors Fund Act in respect of his own costs if otherwise eligible.
CATCHWORDS: TORT - Negligence - accident - Meaning of injury - Injury to plaintiff's hand when starter motor activated to test if plaintiff had fixed a problem - Whether injury a result of and caused during the driving of the vehicle or a collision with the vehicle - INSURANCE - Whether owner's liability covered by a public risk insurance policy.
Allianz Australian Ltd. v. GSF Australia Ltd. (2005) 215 ALR 385 AMP General Insurance Ltd. v. Maguire [2004] NSWCA 64, 59 NSWLR 580 Darlington Futures Ltd. v. Delco Australia Pty. Ltd. (1986) 161 CLR 500 Dickinson v. Motor Vehicle Insurance Trust (1987) 163 CLR 500 Giorginis v. Kastrati (1988) 48 SASR 371 Government Insurance of NSW v. King (1960) 104 CLR 93 Government Insurance Office (New South Wales) v. R.J. Green CASES CITED: HIH Casualty & General Insurance Ltd. v. Pluim Constructions Pty. Ltd. [2000] NSWCA 281 Insurance Commissioner of Western Australia v. Container Handlers Pty. Ltd. [2004] HCA 24, 218 CLR 89 Mercantile Mutual Insurance (Aust) Ltd. v. AAMI Ltd. [1999] NSWCA 200, 29 MVR 393 QBE Insurance (Aust) Ltd. v. Smith [2005] NSWCA 130 Ricketts v. Laws (1988) 14 NSWLR 311 Shortland County Council v. Government Insurance Office of NSW [1973] 2 NSWLR 257 Townsville Trade Waste Pty. Ltd. v. Commercial Union Insurance Co. of Australia Ltd. [1999] QCA 386, 29 MVR 503 Trajkovski v. Ken's Painting & Decorating Services Pty. Ltd. [2002] NSWSC 568
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