Strahinja Pandurevic v Southern Cross Constructions (NSW) Pty Limited & Ors [2012] NSWSC 623

Strahinja Pandurevic v Southern Cross Constructions (NSW) Pty Limited & Ors [2012] NSWSC 623

Clause 3.6.6 clearly excluded QBE's liability to indemnify Allmen Steel for personal injury to volunteers, labour hire staff, contractors, subcontractors, or employees of contractors or subcontractors performing work for Allmen Steel or on its behalf. The clause had commercial operation because it excluded injury to employees and persons in relationships akin to employment, while leaving cover for other categories of injured persons. It was not inconsistent with cl 3.4 and was not confined to workers' compensation liability. Because Mr Pandurevic fell within cl 3.6.6 on the agreed facts, QBE was not liable to indemnify Allmen Steel.

Jurisdiction
Australia
Judgment Date
07 June 2012
Procedural Posture
Proceedings for Damages for Personal Injury Involving Insurance Indemnity Cross Claims / Judgment Concerning Liability of QBE on Second, Third and Fifth Cross Claims
Outcome
Second, third and fifth cross-claims dismissed.
Legal Topics
['insurance Indemnity' 'policy Exclusions' 'employment Liability Exclusion' 'construction of Insurance Contracts' 'cross Claims']
['insurance Law' 'personal Injury' 'civil Procedure'] ['insurance Indemnity' 'policy Exclusions' 'employment Liability Exclusion' 'construction of Insurance Contracts' 'cross Claims']

Case Brief

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Procedural Posture

Proceedings for Damages for Personal Injury Involving Insurance Indemnity Cross Claims / Judgment Concerning Liability of QBE on Second, Third and Fifth Cross Claims

Legal Issues

  1. 1 ["Whether cl 3.6.6 of QBE's policy was effective to exclude QBE's liability to indemnify Allmen Steel for the plaintiff's personal injury claim." "Whether cl 3.6.6 should be struck out, read down, or confined to workers' compensation liability because of the commercial operation of the policy or other policy clauses."]

Ratio Decidendi

Clause 3.6.6 clearly excluded QBE's liability to indemnify Allmen Steel for personal injury to volunteers, labour hire staff, contractors, subcontractors, or employees of contractors or subcontractors performing work for Allmen Steel or on its behalf. The clause had commercial operation because it excluded injury to employees and persons in relationships akin to employment, while leaving cover for other categories of injured persons. It was not inconsistent with cl 3.4 and was not confined to workers' compensation liability. Because Mr Pandurevic fell within cl 3.6.6 on the agreed facts, QBE was not liable to indemnify Allmen Steel.

Court Disposition

Second, third and fifth cross-claims dismissed.

Orders

  • ['The second cross-claim brought by Mecon against QBE was dismissed.' 'The third cross-claim by Allmen Steel against QBE was dismissed.' 'The fifth cross-claim by QBE against Mecon was dismissed.']