Zotti v Australian Associated Motor Insurers Limited [2009] NSWCA 323

Appeal Outcome: Special leave granted by the High Court, 12 March 2010 s297/2009 [2010] HCATrans 62 Matter discontinued by the parties

New South Wales Court of Appeal

CITATION: Zotti v Australian Associated Motor Insurers Limited [2009] NSWCA 323 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 13 August 2009

JUDGMENT DATE: 8 October 2009

JUDGMENT OF: Spigelman CJ at 1; Allsop P at 38; Hodgson JA at 52; McColl JA at 66; Campbell JA at 67

1 Order that Rafael Basa be joined as second respondent to these proceedings. DECISION: 2 Grant leave to appeal. 3 Direct the applicant to file a Notice of Appeal within 14 days of the date hereof. 4 Appeal dismissed with costs.

CATCHWORDS: TORTS - negligence - road accident cases - compulsory third party insurance - definition and scope of "injury" in Motor Accidents Compensation Act 1999 - STATUTORY INTERPRETATION - acts of parliament - interpretation - Motor Accidents Compensation Act 1999 - meaning of "collision" and "injury" - involves causal and temporal criteria - WORDS AND PHRASES - "as a result of" - "caused during" - "collision" - "injury"

Interpretation Act 1987 Limitation Act 1969 Motor Accidents Act 1988 Motor Accidents Amendment Act 1995 Motor Accidents Compensation Act 1999 LEGISLATION CITED: Motor Accidents Compensation Amendment Act 2006 Motor Accident Insurance Act 1994 (Qld) Motor Vehicles Act 1959 (SA) Motor Vehicle (Third Party Insurance) Act 1943 (WA) Uniform Civil Procedure Rules 2005 Workers Compensation Act 1987