RBK v Montague
Court of Appeal
Beach, Niall and Macaulay JJA
31/08/2022
[2022] VSCA 183
Accident 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)
Words and phrases — ‘caused by or arising out of’ — ‘use of motor vehicle’
Read the judgment here.