RBK v MONTAGUE and Another

67 VR 545·Beach, Niall and Macaulay JJA
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67 VR 545
67 VR 545
RBK v MONTAGUE and Another Court of AppealBeach, Niall and Macaulay JJA 24, 31 August 2022[2022] VSC 183Accident compensation — Motor vehicle — Injury arising from use of motor vehicle — Applicant left unconscious in parked motor vehicle — Applicant unconscious from drug overdose — Heatstroke and consequential injuries caused by prolonged heat exposure in parked vehicle — Whether injury arose out of the ‘use’ of a motor vehicle — Whether Transport Accident Commission liable to indemnify driver of motor vehicle in respect of applicant’s claim for damages — Transport Accident Act 1986 (Vic), ss 3(1), 3(3)(a), 94(1)(a).

The applicant claimed damages for injuries she alleged that she sustained as a result of being left unconscious in a motor vehicle driven by the first respondent. The applicant claimed that the second respondent (Commission) was liable to indemnity the first respondent in respect of any liability in respect of an injury caused by or arising out of the use of the vehicle pursuant to s 94(1)(a) of the Transport Accident Act 1986 (Vic) (Act). The Commission denied that the applicant’s alleged injuries were caused by or arose out of the use of the vehicle and that it was liable to indemnify the first respondent.

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