AAI Limited v Singh [2019] NSWSC 1300

Supreme Court New South Wales

Medium Neutral Citation: AAI Limited v Singh [2019] NSWSC 1300 Hearing dates: 13 September 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Common Law Before: Fagan J Decision: Summons dismissed with costs. Catchwords: ADMINISTRATIVE LAW – statutory construction – whether statutory benefits under Motor Accident Injuries Act 2017 (NSW) are payable beyond 26 weeks – where fault in causing motor accident is criterion for termination of statutory benefits at 26 weeks – where accident not caused by fault of driver for purposes of ss 3.11 and 3.28 of Act – difficulty reconciling ss 5.1 and 5.6 – s 5.2(1) distinction between fault in causation of injury and fault in causation of accident – no error of law in assessor's determination Legislation Cited: Motor Accident Injuries Act 2017 (NSW) Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Axiak v Ingram [2012] NSWCA 311 Category: Principal judgment Parties: AAI Limited trading as GIO (Plaintiff) Guljinder Singh (First Defendant) Belinda Cassidy (Second Defendant) Representation: Counsel: J Turnbull SC with S Warren (Plaintiff) A J Stone SC with J Gumbert (First Defendant)

Solicitors: McCabe Curwood (Plaintiff) Law Partners (Defendants) File Number(s): 2019/93595 Publication restriction: No

Judgment 1. The plaintiff is a compulsory third-party ("CTP") insurer under the Motor Accident Injuries Act 2017 (NSW) ("the Act"). The first defendant, Mr Guljindar Singh is a truck driver. The plaintiff disputes liability to pay statutory benefits to Mr Singh, beyond a period of 26 weeks following a motor accident in which he was injured. Resolution of the dispute depends upon interpretation of Pts 3 and 5 of the Act. 2. The accident occurred on 29 April 2018. A prime mover driven by Mr Singh and its attached trailer rolled over on a suburban street in Mascot. The vehicle was carrying a steel shipping container. Shortly before the accident the container had been loaded onto the trailer at the nearby yard of a logistics business named QUBE. Mr Singh was a subcontractor to Simer Transport Pty Ltd. That company in turn had a contract with QUBE for road transport of containers. 3. Mr Singh was making a right-hand turn at less than 10 kph when his vehicle rolled heavily to its left and tipped, coming to rest with its near side on the roadway. The container remained secured to the trailer. The vehicle rolled because whoever stowed the container had failed to secure the contents within it, allowing them to shift during cornering. Mr Singh was not involved in stowing the load in the container. It was sealed when he took delivery of it.