A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Friday, 13 February 2015
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Executive Summary (One Minute Read)
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| CGU
Insurance Ltd v Davies (NSWCA) - workers compensation -
employer liable for worker’s occupational disease - insurer required to
indemnify employer
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| Summaries With Link (Five Minute Read) |
CGU
Insurance Ltd v Davies
[2015] NSWCA 5
Court of Appeal of New South Wales
Beazley P; McColl, Basten, Macfarlan
& Meagher JJA
Workers compensation - worker employed
by company (Fowler) from 1940 to 1979 - worker employed from 1979 by another
company (Seapip) - worker exposed to silica dust in in
each employment - worker developed silicosis as result of inhaling dust -
worker sued Fowler and Seapip - claim settled - appellant assumed liabilities
of Fowler’s workers compensation insurer (South British) up to 30/6/79 - no
known workers compensation insurer of Fowler after 30/6/79 and before it sold
business to Seapip - appellant contended it was not liable to indemnify Fowler because
policy which applied for period ending 30/6/79 only indemnified against
liability accruing during period of insurance - held: relevant liability was
for occupational disease caused only by exposure to silica dust during
particular period - claim was in respect of period of employment to the nature
of which the disease was due, which
ended on 30/6/79 - that was time at which Fowler’s liability for disease was
taken to have arisen by s151AB(1) Workers
Compensation Act 1987 (NSW) - South British was on risk at that time and its
policy indemnified Fowler against that liability - appeal dismissed.
CGU
Insurance Ltd
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Song
of the Witches: “Double, double toil and trouble”
By
William Shakespeare
(from
Macbeth)
Double,
double toil and trouble;
Fire
burn and caldron bubble.
Fillet
of a fenny snake,
In
the caldron boil and bake;
Eye
of newt and toe of frog,
Wool
of bat and tongue of dog,
Adder's
fork and blind-worm's sting,
Lizard's
leg and howlet's wing,
For
a charm of powerful trouble,
Like
a hell-broth boil and bubble.
Double,
double toil and trouble;
Fire
burn and caldron bubble.
Cool
it with a baboon's blood,
Then
the charm is firm and good.
William
Shakespeare
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