Recent Cases

Collins v Insurance Australia Ltd [2022] NSWCA 135 (02 August 2022) (Meagher and Kirk JJA, Basten AJA)


Catchwords:


INSURANCE – motor vehicle – compulsory third-party insurance – collision causing stationary traffic on highway – driver injured avoiding stationary traffic – whether stationary traffic a “situation” – whether original collision caused “dangerous situation” –Motor Accidents Compensation Act 1999 (NSW), s 3A(1)(d)

NEGLIGENCE – duty of care – scope of duty – whether negligent driver owed duty of care to road users not involved in collision – injury to second driver distant in time and place from original collision

NEGLIGENCE – breach – whether risk “not insignificant” – levels of risk – error to focus on precise mechanism by which harm occurs

NEGLIGENCE – defences – contributory negligence – speed not excessive – no failure to keep lookout – driver injured in avoiding stationary cars on highway – whether contributorily negligent