QLDQCA
Vonhoff v Jondaryan Shire Council & Anor [2001] QCA 439
[2001] QCA 439
Court of Appeal (Qld)|2001-10-16|Before: McMurdo P, Williams JA, Holmes JSeparate reasons for judgment of each, member of the Court, McMurdo P and Williams JA concurring as to the order made, Holmes J dissenting.
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Source factsCourt
Court of Appeal (Qld)
Decision date
2001-10-16
Before
McMurdo P, Williams JA, Holmes JSeparate reasons for judgment of each, member of the Court, McMurdo P and Williams JA concurring as to the order made
Catchwords
- TRAFFIC LAW – PUBLIC VEHICLES – QUEENSLAND – REGULATIONS
- AND BY-LAWS – whether a ‘skid steer loader’
- (a bobcat) owned
- by the Shire Council is a ‘motor vehicle’ for the purposes of the
Source
Original judgment source is linked above.
Catchwords
TRAFFIC LAW – PUBLIC VEHICLES – QUEENSLAND – REGULATIONSAND BY-LAWS – whether a ‘skid steer loader’(a bobcat) ownedby the Shire Council is a ‘motor vehicle’ for the purposes of theMotor Accident Insurance Act 1994 (Qld) – whether the bobcat wasequipment being used for ‘the construction of works for, or maintenanceof, road transportinfrastructure’ - where bobcat fixing a broken waterpipe which was under the road and would have damaged the road –whereelement of uncertainty in the lawINSURANCE – MOTOR VEHICLES - OTHERCASES – QUEENSLAND – where identity of insurer liable to indemnifythe firstappellant dependant upon determining whether the bobcat was a motorvehicleMotor Accident Insurance Act 1994 (Qld), s 4MotorVehicles Control Act 1975 (Qld)Traffic Act 1949 (Qld), s9Traffic Regulations 1962 (Qld), r 4Transport InfrastructureAct 1994 (Qld), s 9Transport Infrastructure (Roads) Act 1991(Qld), s 22Transport Infrastructure (Roads) Regulation 1991 (Qld)