PASMINCO METALS-SULPHIDE PTY LTD v BRAMBLES AUST LTD [1998] NSWCA 169

PASMINCO METALS-SULPHIDE PTY LTD v BRAMBLES AUST LTD [1998] NSWCA 169

Allman Industrial Services Pty Ltd was not a subcontractor within the meaning of the contract. Mr Murray was not an employee of Brambles or a subcontractor, so cl 9(d) was not engaged. Clause 9(a) applied, and Brambles was entitled to reimbursement under the policy subject to the excess.

Parties
Appellant: Pasminco Metals-Sulphide Pty Ltd; Respondent: Brambles Aust Ltd; Second Respondent: Mr Murray
Jurisdiction
Australia
Judgment Date
25 August 1998
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Construction and Interpretation of Contracts, Insurance Obligations, Meaning of Sub Contractor
Contract Law Construction and Interpretation of Contracts Insurance Obligations Meaning of Sub Contractor

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pasminco Metals-Sulphide Pty Ltd

Appellant

Brambles Aust Ltd

Respondent

Mr Murray

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Allman Industrial Services Pty Ltd was a subcontractor under the contract for the purposes of insurance obligations
  2. 2 Whether clause 9(a) or 9(d) of the General Conditions of Contract applied to cover the liability arising from Mr Murray's injury

Ratio Decidendi

Allman Industrial Services Pty Ltd was not a subcontractor within the meaning of the contract. Mr Murray was not an employee of Brambles or a subcontractor, so cl 9(d) was not engaged. Clause 9(a) applied, and Brambles was entitled to reimbursement under the policy subject to the excess.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.