Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account v Ashcroft Supa IGA Orange Pty Ltd [2020] NSWCA 36

Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account v Ashcroft Supa IGA Orange Pty Ltd [2020] NSWCA 36

The exclusion clause (cl 16.5) of the insurance policy did not apply because the contract between Skillset and Ashcroft IGA was not a contract solely for the provision of labour only services. It included broader obligations such as training, supervision, and administration. The findings regarding contributory negligence (10%) and Skillset’s notional contribution under s151Z (10%) were open to the primary judge and not plainly wrong. As the appeal failed, the damages calculation was corrected and increased.

Parties
Appellant/second Cross Respondent: Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account; First Respondent/first Cross Respondent: Ashcroft Supa IGA Orange Pty Ltd; Second Respondent/cross Appellant: Mathew Philip Paul
Jurisdiction
Australia
Judgment Date
10 March 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Negligence, Contributory Negligence, Apportionment, Workers’ Compensation, Contract Interpretation, Insurance Exclusion Clauses
Torts Insurance Negligence Contributory Negligence Apportionment Workers’ Compensation Contract Interpretation Insurance Exclusion Clauses

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Parties

Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account

Appellant/second Cross Respondent

Ashcroft Supa IGA Orange Pty Ltd

First Respondent/first Cross Respondent

Mathew Philip Paul

Second Respondent/cross Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Proper construction of the insurance policy exclusion clause (clause 16.5)
  2. 2 Assessment of contributory negligence
  3. 3 Assessment of notional contribution of Skillset under s 151Z Workers Compensation Act

Ratio Decidendi

The exclusion clause (cl 16.5) of the insurance policy did not apply because the contract between Skillset and Ashcroft IGA was not a contract solely for the provision of labour only services. It included broader obligations such as training, supervision, and administration. The findings regarding contributory negligence (10%) and Skillset’s notional contribution under s151Z (10%) were open to the primary judge and not plainly wrong. As the appeal failed, the damages calculation was corrected and increased.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • Appeal dismissed.
  • Appellant to pay the costs of the appeal.