Sako v Workers Compensation Nominal Insurer [2024] NSWDDT 6

Sako v Workers Compensation Nominal Insurer [2024] NSWDDT 6

The plaintiff has an arguable case to proceed against the Workers Compensation Nominal Insurer concerning the liability of an uninsured employer for a dust disease, and the insurer has not established futility as required under s 5 of the 2017 Act.

Jurisdiction
Australia
Judgment Date
11 June 2024
Procedural Posture
Application for Leave / Interlocutory (leave to Proceed Against Insurer)
Outcome
Leave granted to continue proceedings against the sixth defendant; leave granted to file Amended Statement of Claim; costs of motion costs in the cause.
Legal Topics
['leave to Proceed Against Insurer' 'statutory Interpretation' 'coverage for Uninsured Employers' 'dust Disease Claims']
['insurance Law' 'workers Compensation' 'dust Diseases'] ['leave to Proceed Against Insurer' 'statutory Interpretation' 'coverage for Uninsured Employers' 'dust Disease Claims']

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Procedural Posture

Application for Leave / Interlocutory (leave to Proceed Against Insurer)

Legal Issues

  1. 1 ['Whether leave should be granted to continue proceedings against the Workers Compensation Nominal Insurer in respect of an uninsured employer for a dust disease claim' "Interpretation of the workers compensation legislation and definition of 'injury' excluding dust disease" 'Applicability of Civil Liability (Third Party Claims Against Insurers) Act 2017']

Ratio Decidendi

The plaintiff has an arguable case to proceed against the Workers Compensation Nominal Insurer concerning the liability of an uninsured employer for a dust disease, and the insurer has not established futility as required under s 5 of the 2017 Act.

Court Disposition

Leave granted to continue proceedings against the sixth defendant; leave granted to file Amended Statement of Claim; costs of motion costs in the cause.

Orders

  • ['Leave granted to the plaintiff to continue proceedings against the sixth defendant pursuant to s 5 Civil Liability (Third Party Claims Against Insurers) Act 2017.' "Leave granted to the plaintiff to file the Amended Statement of Claim annexed and marked 'A' to the Notice of Motion." 'Costs of the motion are costs...