Power Technologies Pty Limited v State Insurance Regulatory Authority & Ors; (Re: Peter Watson) [2017] NSWDDT 13

Power Technologies Pty Limited v State Insurance Regulatory Authority & Ors; (Re: Peter Watson) [2017] NSWDDT 13

By reason of continuing exposure risk through the plaintiff’s movements on the defendant's site until November 1987, including exposure to asbestos dust blown from dumping grounds, the plaintiff was last employed in employment to the nature of which mesothelioma was due on 6 November 1987. Therefore Allianz Australia Workers Compensation (NSW) Limited, being on risk after relevant commencement, is required under s 151AB to indemnify defendant for damages and costs to the plaintiff.

Jurisdiction
Australia
Judgment Date
07 December 2017
Procedural Posture
Principal Judgment / Post Hearing, Orders Issued
Outcome
Fourth cross-defendant ordered to indemnify defendant/cross-claimant for share of damages and costs; leave granted for reconsideration; costs of Amended Second Cross-Claim reserved; further directions to be listed.
Legal Topics
['dust Diseases' 'occupational Disease' 'mesothelioma' 'indemnity' 'multiple Insurers' 's 151 AB Workers Compensation Act 1987']
['tort' 'workers Compensation' 'insurance Law'] ['dust Diseases' 'occupational Disease' 'mesothelioma' 'indemnity' 'multiple Insurers' 's 151 AB Workers Compensation Act 1987']

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Procedural Posture

Principal Judgment / Post Hearing, Orders Issued

Legal Issues

  1. 1 ['Whether the fourth cross-defendant Allianz Australia Workers Compensation (NSW) Limited must indemnify the defendant for damages and costs payable to the plaintiff under s 151AB of the Workers Compensation Act 1987.' 'Determination of insurer(s) liable to indemnify the defendant for occupational disease contracted by the plaintiff.' 'Whether the plaintiff’s employment after the relevant commencement exposed him to risk of contracting mesothelioma.']

Ratio Decidendi

By reason of continuing exposure risk through the plaintiff’s movements on the defendant's site until November 1987, including exposure to asbestos dust blown from dumping grounds, the plaintiff was last employed in employment to the nature of which mesothelioma was due on 6 November 1987. Therefore Allianz Australia Workers Compensation (NSW) Limited, being on risk after relevant commencement, is required under s 151AB to indemnify defendant for damages and costs to the plaintiff.

Court Disposition

Fourth cross-defendant ordered to indemnify defendant/cross-claimant for share of damages and costs; leave granted for reconsideration; costs of Amended Second Cross-Claim reserved; further directions to be listed.

Orders

  • ["Order the fourth cross-defendant to indemnify the defendant/cross-claimant for the defendant's share of the damages and costs payable by the defendant to the plaintiff." "Order the fourth cross-defendant to indemnify defendant/cross-claimant for defendant's costs of defending the plaintiff's claim." 'Grant leave...