The applicants, two brothers who suffered severe burns in a garage explosion while replacing a vehicle's fuel pump, sought reconsideration of a decision finding their injuries did not result from an 'accident' under the Statutory Accident Benefits Schedule.
They argued the adjudicator breached procedural fairness by failing to analyze the Causation Test after finding the Purpose Test was not met, and alleged errors of fact and law regarding the vehicle's operability.
The Licence Appeal Tribunal dismissed the reconsideration request, holding there is no requirement to consider the Causation Test if the Purpose Test fails, and finding no errors of fact or law that would have led to a different conclusion.
