QBE Insurance (Australia) Ltd v CGU Workers Compensation (NSW) Ltd [2012] NSWSC 377

QBE Insurance (Australia) Ltd v CGU Workers Compensation (NSW) Ltd [2012] NSWSC 377

QBE has established an entitlement to contribution from CGU as both insurers provided indemnity that covered the identical loss to Megbuy in relation to Mr Horwood's injury, and the settlement reflected a reasonable compromise of Megbuy's liability as owner under the MAC Act. Evidence established Megbuy as the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 April 2012
Procedural Posture
Principal Judgment / Post Hearing Decision
Outcome
QBE entitled to contribution from CGU; proceedings stood over for further orders.
Legal Topics
['double Insurance' 'contribution Between Insurers' 'compulsory Third Party Insurance' 'workers Compensation' 'recoupment' "definition of 'owner' Under Motor Accidents Compensation Act" "definition of 'injury' Under Motor Accidents Compensation Act"]
['insurance Law' 'common Law'] ['double Insurance' 'contribution Between Insurers' 'compulsory Third Party Insurance' 'workers Compensation' 'recoupment' "definition of 'owner' Under Motor Accidents Compensation Act" "definition of 'injury' Under Motor Accidents Compensation Act"]

Source-derived case record

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Procedural Posture

Principal Judgment / Post Hearing Decision

Legal Issues

  1. 1 ['Whether the plaintiff and defendant both insured Megbuy Pty Ltd in respect of the same loss giving rise to a right of contribution (double insurance)' 'Whether the settlement with Mr Horwood was a reasonable compromise so as to entitle contribution' "Whether Megbuy was the 'owner' of the forklift within the statutory definition at the relevant time" "Whether Mr Horwood's injury satisfied the definition of 'injury' under the Motor Accidents Compensation Act 1999"]

Ratio Decidendi

QBE has established an entitlement to contribution from CGU as both insurers provided indemnity that covered the identical loss to Megbuy in relation to Mr Horwood's injury, and the settlement reflected a reasonable compromise of Megbuy's liability as owner under the MAC Act. Evidence established Megbuy as the 'owner' of the forklift at the relevant date, and the claim satisfied the statutory definition of 'injury'. Apportionment is to be on a 50:50 basis, subject to credit and calculation as directed.

Court Disposition

QBE entitled to contribution from CGU; proceedings stood over for further orders.

Orders

  • ['Stand over proceedings to 9 May 2012 at 9.30am before Beech-Jones J.' 'Direct Plaintiff and Defendant confer as to appropriate form of orders to reflect this judgment (including as to costs).' 'Direct Plaintiff and Defendant to, on or before 4 May 2012, file and serve either an agreed form of order or, failing...