QBE INSURANCE LIMITED v NOEL BULL [1999] NSWCA 185

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']
['insurance Law' 'workers Compensation' 'personal Injury'] ['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

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Procedural Posture

Appeal / Application for Leave to Appeal From Dust Diseases Tribunal Decision

  1. 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']