MERCANTILE MUTUAL INSURANCE (AUST) LTD v MOULDING and ANOR (No 3) [1997] NSWCA 201

MERCANTILE MUTUAL INSURANCE (AUST) LTD v MOULDING and ANOR (No 3) [1997] NSWCA 201

The exclusionary provision in cl19(3) is construed to mean 'the question of liability has been the subject of a judgment in a court of first instance' before commencement of the amendment. Application to further amend the notice of appeal to raise double insurance dismissed.

Parties
Appellant: Mercantile Mutual Insurance (Aust) Ltd; First Respondent: Ms Moulding; Second Respondent: NZI
Jurisdiction
Australia
Judgment Date
22 July 1997
Procedural Posture
Appeal / Application to Further Amend Notice of Appeal Following Appellate Judgment and Reassessment of Damages
Outcome
Application to further amend the notice of appeal dismissed with costs.
Legal Topics
Double Insurance, Retrospective Operation of Statutes, Workers Compensation, Motor Accidents
Insurance Law Statutory Interpretation Double Insurance Retrospective Operation of Statutes Workers Compensation Motor Accidents

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Parties

Mercantile Mutual Insurance (Aust) Ltd

Appellant

Ms Moulding

First Respondent

NZI

Second Respondent

Procedural Posture

Appeal / Application to Further Amend Notice of Appeal Following Appellate Judgment and Reassessment of Damages

Legal Issues

  1. 1 Whether liability was 'determined by a court before commencement' as required by Workers Compensation Legislation Amendment Act 1995, cl19(3)
  2. 2 Whether double insurance doctrine applies obligating the second respondent to contribute to the judgment
  3. 3 Meaning of 'determined by a court' in statutory context

Ratio Decidendi

The exclusionary provision in cl19(3) is construed to mean 'the question of liability has been the subject of a judgment in a court of first instance' before commencement of the amendment. Application to further amend the notice of appeal to raise double insurance dismissed.

Court Disposition

Application to further amend the notice of appeal dismissed with costs.

Orders

  • Application dismissed with costs