| Allianz
Australia Insurance Ltd v Pomfret (NSWCA) - workers
compensation - dust diseases - arguable case insurer liable to indemnify
employer for its liability to worker
|
| General
Trade Industries Pty Ltd v AGL Energy Ltd (QSC) - construction
contract - prima facie case for entitlement to return of guarantees under deed
of release not made out
|
| HWE
Mining Pty Ltd v Robertson (WASCA) - prosecution of employer for death
of employee in motor vehicle collision at mine - appeal allowed
|
| Summaries With Link (Five Minute Read) |
Allianz Australia Insurance
Ltd v Pomfret
[2015] NSWCA 4
Court
of Appeal of New South Wales
Beazley
P; McColl, Basten, Macfarlan & Meagher JJA
Workers
compensation - insurance - employer’s liability for occupational disease -
worker employed by company (Ceeco) in 1974 - worker employed by Ceeco again
from early 1976 until 23/12/78 - worker exposed to asbestos dust and fibre
during periods - up to 31/1/78, contract of insurance between Allianz and Ceeco
indemnified Ceeco against liability as employer during policy period. - Ceeco
deregistered - worker sued Allianz for compensation for asbestosis and related diseases
- Allianz contended relevant disease under
s151AB(1) Workers Compensation Act 1987 (NSW) was asbestosis and that it was not liable
because worker employed by Ceeco until 23/12/78 - when worker ‘last employed’
in conditions to nature of which occupational disease due Allianz claimed it
was not ‘on risk’ - divisible or indivisible harm or injury - held: purpose
of s151AB was to identify insurer liable to indemnify employer liable for
occupational disease of gradual onset contracted over period of employment
involving exposure to relevant harmful conditions - must be established that period
of exposure caused or substantially contributed to harm subject of claim - primary judge correctly concluded there was
arguable case Allianz liable to indemnify Ceeco in respect of claimed liability
to worker - appeal dismissed.
Allianz
Australia Insurance Ltd
|
General Trade Industries Pty
Ltd v AGL Energy Ltd
[2014] QSC 319
Supreme
Court of Queensland
Carmody
CJ
Contract
- guarantee - applicant sought interim relief from burden of two guarantees
provided to respondent under construction contract - applicant conceded obligation to demonstrate a prima facie case -
whether applicant had present entitlement to return of guarantees under deed of
release dated 13/8/14 - contractual construction - held: Court not persuaded there
was prima facie case that applicant had present entitlement to release and return
of either or both securities because construction contract not terminated on
13/8/14 - application dismissed.
General
Trade Industries Pty Ltd
|
HWE Mining Pty Ltd v
Robertson
[2015] WASCA 26
Court
of Appeal of Western Australia
Buss,
Murphy & Mazza JJA
Motor
vehicle collision - prosecution of employer arising from
death of employee at employer’s mine site - prosecution brought pursuant to ss9(1)
& 9A(2) Mines Safety and Inspection
Act 1994 (WA) - primary judge upheld grounds of appeal against magistrate’s
acquittal in favour of employer - primary judge remitted matter for retrial by
different magistrate - employer appealed - held: primary judge erred in finding
magistrate erred in fact in finding intersection not ‘hidden’ - magistrate did
not misapply or misdirect himself as to operation of s9(1) in respect of
allegation concerning failure to install advanced intersection signs or allegation
concerning failure to install signs on road - appeal allowed.
HWE
Mining Pty Ltd
|
