(Re: Kevin Joseph Horsell) University of New South Wales v AAI Ltd; AAI Ltd v University of New South Wales [2013] NSWDDT 11

(Re: Kevin Joseph Horsell) University of New South Wales v AAI Ltd; AAI Ltd v University of New South Wales [2013] NSWDDT 11

The notice of motion could not succeed because s 151AC only applies where there is a dispute between two or more insurers. GIO General and Vero were effectively one insurer through AAI, no other insurer was disputing liability, and the Insurers Guarantee Fund was not itself an insurer. Accordingly s 151AC did not apply and there was no basis to appoint AAI as insurer.

Jurisdiction
Australia
Judgment Date
03 October 2013
Procedural Posture
Notice of Motion Concerning Appointment of Designated Insurer in Dust Diseases Proceedings / Hearing of Notices of Motion After Consent Verdict for the Plaintiff Against the University of New South Wales
Outcome
The University's notice of motion was refused; leave was given to bring cross-claims; costs of the notice of motion were ordered against the University.
Legal Topics
['cross Claim' 'designated Insurer' 'workers Compensation Act 1987 Ss 151 AB and 151 Ac' 'functus Officio' 'notice of Motion']
['workers Compensation' 'dust Diseases' 'insurance' 'civil Procedure'] ['cross Claim' 'designated Insurer' 'workers Compensation Act 1987 Ss 151 AB and 151 Ac' 'functus Officio' 'notice of Motion']

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Procedural Posture

Notice of Motion Concerning Appointment of Designated Insurer in Dust Diseases Proceedings / Hearing of Notices of Motion After Consent Verdict for the Plaintiff Against the University of New South Wales

Legal Issues

  1. 1 ['Whether AAI Ltd could be appointed as designated insurer for the University of New South Wales under s 151AC of the Workers Compensation Act 1987.' "Whether the University's notice of motion was an appropriate means to seek appointment of a designated insurer after the plaintiff's claim had been resolved." 'Whether there was a dispute between two or more insurers within the meaning of s 151AC.']

Ratio Decidendi

The notice of motion could not succeed because s 151AC only applies where there is a dispute between two or more insurers. GIO General and Vero were effectively one insurer through AAI, no other insurer was disputing liability, and the Insurers Guarantee Fund was not itself an insurer. Accordingly s 151AC did not apply and there was no basis to appoint AAI as insurer.

Court Disposition

The University's notice of motion was refused; leave was given to bring cross-claims; costs of the notice of motion were ordered against the University.

Orders

  • ['The notice of motion is refused.' 'Leave is given to the University of New South Wales to bring proceedings by way of cross-claim against AAI Ltd and any other insurer it wishes to bring proceedings against.' 'The matter is stood over for directions on 8 October.' 'Leave is given to both parties to approach the...