- Library Services
RBK v Montague, Leonard & Transport Accident Commission  VSCA 183
Victorian Court of Appeal
Beach, Niall and Macaulay JJA
RBK v Montague, Leonard & Transport Accident Commission
31 August 2022
ACCIDENT COMPENSATION - Motor vehicles - Injury arising out of use of motor vehicle - Heatstroke and consequential injury occurring after unconscious passenger left in parked vehicle - Whether injury arose out of use of vehicle - Trial of preliminary question - Whether Transport Accident Commission liable to indemnify driver in respect of injured person's claim for damages.
Transport Accident Act 1986 (Vic), ss 3(3) and 94(1).
Fawcett v BHP By-Products (1960) 104 CLR 80, Government Insurance Office of New South Wales v R J Green & Lloyd Pty Ltd (1966) 114 CLR 437, Dickinson v Motor Vehicle Insurance Trust (1987) 163 CLR 500, Lamont v Motor Accidents Board  1 VR 88, Transport Accident Commission v Hoffman  VR 197, May v Transport Accident Commission  VR 981 and State Insurance Office v Jura Concrete Pumping  VR 331 considered.