A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Friday, 13 February 2015

Executive Summary (One Minute Read)
CGU Insurance Ltd v Davies (NSWCA) - workers compensation - employer liable for worker’s occupational disease - insurer required to indemnify employer
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
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