GIO General Limited v ABB Installation & Service Pty Limited & Ors [2000] NSWCA 118

GIO General Limited v ABB Installation & Service Pty Limited & Ors [2000] NSWCA 118

Section 151AB of the Workers Compensation Act 1987 (NSW) applied. The relevant employment for determining the liability of insurers is defined as employment that exposes the worker to a risk of contracting the disease, not necessarily actual causative exposure. The trial judge was entitled, on the evidence, to find that the last relevant exposure was in December 1986 and that GIO General, as insurer on risk at that time, was liable. It was unnecessary to prove actual causation from that period of employment, only exposure to risk. The decision on costs was discretionary, and no error was shown.

Parties
Appellant: GIO General Limited; First Respondent: ABB Installation & Service Pty Limited; Second Respondent: GIO Workers Compensation (NSW) Limited; Third Respondent: MMI Workers Compensation (NSW) Limited; Fourth Respondent: TGI Australia Limited
Jurisdiction
Australia
Judgment Date
10 May 2000
Procedural Posture
Appeal and Cross Appeal / Judgment
Outcome
Appeal dismissed with costs; cross-appeal dismissed; no order as to costs on cross-appeal.
Legal Topics
Occupational Diseases, Asbestos Exposure, Indemnity Between Insurers, Interpretation of S 151 AB Workers Compensation Act 1987 (nsw), Costs Orders
Workers Compensation Insurance Law Personal Injury Occupational Diseases Asbestos Exposure Indemnity Between Insurers Interpretation of S 151 AB Workers Compensation Act 1987 (nsw) Costs Orders

Case Brief

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Parties

GIO General Limited

Appellant

ABB Installation & Service Pty Limited

First Respondent

GIO Workers Compensation (NSW) Limited

Second Respondent

MMI Workers Compensation (NSW) Limited

Third Respondent

TGI Australia Limited

Fourth Respondent

Procedural Posture

Appeal and Cross Appeal / Judgment

Legal Issues

  1. 1 Whether s 151AB of the Workers Compensation Act 1987 (NSW) applied to determine which insurer was liable to indemnify ABB for damages for mesothelioma contracted by the worker.
  2. 2 Whether the plaintiff was last employed in December 1986 in employment to the nature of which the disease was due for the purposes of s 151AB.
  3. 3 Whether the trial judge erred in finding insufficient evidence of exposure after December 1986.

Ratio Decidendi

Section 151AB of the Workers Compensation Act 1987 (NSW) applied. The relevant employment for determining the liability of insurers is defined as employment that exposes the worker to a risk of contracting the disease, not necessarily actual causative exposure. The trial judge was entitled, on the evidence, to find that the last relevant exposure was in December 1986 and that GIO General, as insurer on risk at that time, was liable. It was unnecessary to prove actual causation from that period of employment, only exposure to risk. The decision on costs was discretionary, and no error was shown.

Court Disposition

Appeal dismissed with costs; cross-appeal dismissed; no order as to costs on cross-appeal.

Orders

  • Appeal dismissed
  • Appellant to pay the costs of the respondents