ON 19 MAY 2005, the High Court of Australia delivered Allianz Aust v GSF Aust [2005] HCA 26; 221 CLR 568; 215 ALR 385; 79 ALJR 1079 (19 May 2005).
The High Court held that a worker who injured his back whilst directed by his employer to use crowbars to unload transport containers from a truck following a mechanical breakdown did not receive an “injury” within the meaning of the Motor Accidents Compensation Act 1999 as the mechanism was not defective. The injury was received through an unsafe system of work rather than the “use or operation of a motor vehicle”.
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