Almario v Allianz Australia Workers Compensation (NSW) Insurance Ltd

The case of *Almario v Allianz Australia Workers Compensation (NSW) Insurance Ltd* concerned an appeal to the Court of Appeal of New South Wales regarding a workers compensation claim. The dispute arose when Mr Almario sought to bring an action against Allianz, the insurer, after the employer company had been deregistered. The primary question was whether Allianz could raise defences that would have been available to the deregistered company, and whether Mr Almario was entitled to an extension of time to bring his claim.

The Court of Appeal was required to determine whether the insurer, Allianz, could rely on defences that would have been available to the deregistered employer. Specifically, the court considered the application of s 601AG of the *Corporations Act 2001* (Cth), which allows actions to be brought against insurers of deregistered companies, and the implications of s 151D(2) of the *Workers Compensation Act 1987* (NSW) concerning extensions of time. The court also had to consider the principles of statutory construction, particularly in relation to avoiding anomalies and achieving equitable outcomes.

The Court of Appeal reasoned that under s 601AG of the *Corporations Act*, an insurer can raise defences that would have been available to the deregistered company, subject to certain qualifications. The court favoured a purposive approach to statutory interpretation, particularly when a textual approach might lead to anomalies or prevent equitable relief. In this instance, the purposive approach supported the insurer being able to raise defences. However, the court also recognised the importance of s 151D(2) of the *Workers Compensation Act* in allowing for extensions of time in appropriate circumstances.

The Court of Appeal upheld the appeals, setting aside the original orders. Allianz was ordered to pay the costs of the application before one of the District Court judges. Mr Almario's application for an extension of time under s 151D(2) of the *Workers Compensation Act* was remitted to the District Court for rehearing. In relation to the strike-out application, the Court of Appeal ordered that the statement of claim be dismissed with costs. Certificates under the *Suitors' Fund Act 1951* (NSW) were to be granted to Allianz if otherwise entitled.