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RBK v Montague, Leonard & Transport Accident Commission [2022] VSCA 183

Victorian Court of Appeal
Beach, Niall and Macaulay JJA

RBK v Montague, Leonard & Transport Accident Commission

Judgment Date: 
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 [1983] 1 VR 88, Transport Accident Commission v Hoffman [1989] VR 197, May v Transport Accident Commission [1989] VR 981 and State Insurance Office v Jura Concrete Pumping [1990] VR 331 considered.