(Re Charlton) Rolls Royce Australia Ltd v WorkCover Authority of New South Wales [2005] NSWDDT 27
The amended s151AB operates by force of the transitional provisions, and the employer's liability is deemed to have arisen during the period of insurance cover; the settlement with the cross claimant does not preclude this as the current proceedings concern indemnity from the insurer, not revisiting the previous compromise.
- Jurisdiction
- Australia
- Judgment Date
- 15 June 2005
- Procedural Posture
- Insurance Indemnity Dispute / Separate Question Decided Before Other Issues at Trial
- Outcome
- Separate question answered in the affirmative for Rolls Royce
- Legal Topics
- ['indemnity' 'statutory Interpretation' 'transitional Provisions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Insurance Indemnity Dispute / Separate Question Decided Before Other Issues at Trial
Legal Issues
- 1 ["Whether s151AB of the Workers' Compensation Act 1987 requires NEM's policy of insurance to respond in the circumstances of this claim by Rolls-Royce, given the amendments and the transitional provisions"]
Ratio Decidendi
The amended s151AB operates by force of the transitional provisions, and the employer's liability is deemed to have arisen during the period of insurance cover; the settlement with the cross claimant does not preclude this as the current proceedings concern indemnity from the insurer, not revisiting the previous compromise.
Court Disposition
Separate question answered in the affirmative for Rolls Royce
Orders
- ["NEM's policy of insurance must respond in the circumstances of this claim by Rolls-Royce."]
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