HIH WINTERTHUR WORKERS COMPENSATION (NSW) PTY LTD v THIESS CONTRACTORS PTY LTD and ANOR [1998] NSWCA 105
Thiess is entitled to indemnity from HIH Winterthur for its common law liability to Mr Hendry under the insurance policy, as the language of the policy covers liability independently of the Act for injury to persons deemed by the Act to be workers.
- Parties
- Appellant: HIH Winterthur Workers Compensation (NSW) Pty Ltd; First Respondent: Thiess Contractors Pty Ltd; Second Respondent: Sun Alliance and London PLC and associates
- Jurisdiction
- Australia
- Judgment Date
- 06 August 1998
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Indemnity Under Insurance Policies, Common Law Liability for Workplace Injuries, Interpretation of Policy Coverage
Case Brief
Summary, issues, holding and outcome
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Parties
HIH Winterthur Workers Compensation (NSW) Pty Ltd
Appellant
Thiess Contractors Pty Ltd
First Respondent
Sun Alliance and London PLC and associates
Second Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether insurer is obliged to indemnify employer for common law liability to worker
- 2 Whether common law liability is covered by workers compensation insurance policy
Ratio Decidendi
Thiess is entitled to indemnity from HIH Winterthur for its common law liability to Mr Hendry under the insurance policy, as the language of the policy covers liability independently of the Act for injury to persons deemed by the Act to be workers.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs.
Full Case Text
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