QBE INSURANCE LIMITED v NOEL BULL [1999] NSWCA 185
Leave to appeal was refused as the lower tribunal correctly prioritised the efficient resolution of the plaintiff's claim and refused to allow cross-examination by other insurers on issues relevant only to their inter se dispute, in line with the policy and wording of s151AC.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 11 June 1999
- Procedural Posture
- Appeal / Application for Leave to Appeal From Dust Diseases Tribunal Decision
- Outcome
- Leave to appeal refused; summons dismissed with costs
- Legal Topics
- ['designation of Insurer' 'section 151 AB and 151 AC Workers Compensation Act' 'dust Diseases Litigation' 'procedural Rights of Insurers' 'leave to Intervene']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Leave to Appeal From Dust Diseases Tribunal Decision
Legal Issues
- 1 ['Whether other insurers may intervene and cross-examine the plaintiff in proceedings regarding dust diseases where a designated insurer has been appointed under s151AC of the Workers Compensation Act 1987' 'Proper construction and application of ss151AB and 151AC of the Workers Compensation Act 1987']
Ratio Decidendi
Leave to appeal was refused as the lower tribunal correctly prioritised the efficient resolution of the plaintiff's claim and refused to allow cross-examination by other insurers on issues relevant only to their inter se dispute, in line with the policy and wording of s151AC.
Court Disposition
Leave to appeal refused; summons dismissed with costs
Orders
- ['Summons dismissed with costs']
Full Case Text
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