[1991] 2 VR 116
ABBOTT v TRANSPORT ACCIDENT COMMISSION
SUPREME COURT OF VICTORIA APPEAL DIVISION
CROCKETT, MCGARVIE and SOUTHWELL JJ
20, 29 June 1990
[1991] 2 VR 116
Accident compensation — Motor Vehicles — Compensation for injury — Whether
injury caused by or arose out of use of motor vehicle — Transport Accident Act
1986 (No 111), s3.
.
Some time after its manufacture, a Toyota land cruiser was fitted at the front
with an electric winch. The winch was battery-powered, although it was
desirable, when using the winch, to run the motor of the vehicle to guard
against flattening the battery. The winch was controlled by a remote control
switch, attached to a wire which was plugged into a socket on the vehicle.
During the course of a tree felling operation, the vehicle was positioned so
that a wire from the winch could be attached to the tree. The deceased
operated the remote control switch, and the winching caused the tree to fall
upon and kill the deceased.
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[1991] 2 VR 116
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