GIO Workers Compensation (NSW) Ltd v AMP General Insurance Ltd [2001] NSWSC 1102

GIO Workers Compensation (NSW) Ltd v AMP General Insurance Ltd [2001] NSWSC 1102

The plaintiff was entitled to contribution because both policies indemnified Sydney Market Authority for the identical loss. Mr Cameron was injured while the registered bobcat was being used for its work function of gathering rubbish with the cage lowered to ground level. The protruding plate and the employer's failure to provide a safe system of work did not prevent the injury from being caused in the use or operation of the vehicle; rather, the injury was caused by the fault of the owner in the use of the bobcat. Section 16(a) of the Motor Accidents Act 1988 did not exclude liability because the District Court award was common law damages, not workers compensation.

Jurisdiction
Australia
Judgment Date
30 November 2001
Procedural Posture
Proceedings for Contribution Between Insurers / Final Judgment After Hearing by a Master
Outcome
Judgment for the plaintiff; the defendant was ordered to pay contribution, interest and costs.
Legal Topics
['contribution Between Insurers' 'identicality of Risk' 'third Party Motor Vehicle Insurance' 'injury Caused in the Use or Operation of a Vehicle' 'safe System of Work']
['insurance' 'workers Compensation' 'motor Accidents'] ['contribution Between Insurers' 'identicality of Risk' 'third Party Motor Vehicle Insurance' 'injury Caused in the Use or Operation of a Vehicle' 'safe System of Work']

Case Brief

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Procedural Posture

Proceedings for Contribution Between Insurers / Final Judgment After Hearing by a Master

Legal Issues

  1. 1 ['Whether the plaintiff and defendant had co-ordinate liability in respect of damages paid to the injured worker so that the defendant was obliged to contribute.' "Whether the compulsory third-party policy for the bobcat indemnified Sydney Market Authority against liability for Mr Cameron's injuries." "Whether Mr Cameron's injury was caused by the fault of the owner or driver of the bobcat in the use or operation of the vehicle." "Whether section 16(a) of the Motor Accidents Act 1988 excluded the defendant's liability under the third-party policy."]

Ratio Decidendi

The plaintiff was entitled to contribution because both policies indemnified Sydney Market Authority for the identical loss. Mr Cameron was injured while the registered bobcat was being used for its work function of gathering rubbish with the cage lowered to ground level. The protruding plate and the employer's failure to provide a safe system of work did not prevent the injury from being caused in the use or operation of the vehicle; rather, the injury was caused by the fault of the owner in the use of the bobcat. Section 16(a) of the Motor Accidents Act 1988 did not exclude liability because the District Court award was common law damages, not workers compensation.

Court Disposition

Judgment for the plaintiff; the defendant was ordered to pay contribution, interest and costs.

Orders

  • ['The Defendant pay to the Plaintiff the sum of $112,162.07, together with interest thereon at Supreme Court Rates from 13 August 1999 to the date hereof, in the sum of $24,612.67.' 'The Plaintiff has liberty to apply in respect to the calculation of the foregoing interest.' 'The Defendant pay the costs of the...