Allianz Australia Insurance Ltd v Newcastle Formwork Constructions Pty Ltd

Allianz Australia Insurance Ltd (the insurer) sought leave to appeal from a decision of the primary judge concerning a claim for indemnity under section 151Z(1)(d) of the *Workers Compensation Act 1987* (NSW). The insurer contended that the primary judge erred in declining to order the provision of certain particulars of damages sought by Newcastle Formwork Constructions Pty Ltd (the insured). The dispute centred on the extent of particulars required to establish the damages an injured worker would recover in an action against a wrongdoer, as a prerequisite for the insurer's indemnity claim.

The Court of Appeal was required to determine whether the primary judge had erred in law by refusing to order the provision of the requested particulars. Specifically, the court had to consider whether the insurer's obligation to provide particulars was discharged by the request made, and if so, whether that request was nonetheless excessive to the point that the judge's refusal to order its full provision constituted an appealable error.

The Court of Appeal held that while there was an obligation to provide particulars, the request made by the insurer was indeed excessive. The primary judge had correctly identified that the insurer was entitled to sufficient particulars to understand the basis of the claim for indemnity, but the specific particulars sought went beyond what was reasonably necessary. Consequently, the judge did not err in declining to order the provision of the excessive particulars.

The summons for leave to appeal was dismissed, and the claimant was ordered to pay the opponent's costs.