CMT Construction of Metropolitan Tunnels v National Employers' Mutual General Insurance Association Limited

The High Court of Australia allowed an appeal by CMT Construction of Metropolitan Tunnels (CMT) against National Employers' Mutual General Insurance Association Limited (NEM). The dispute concerned a judgment of the Full Court of the Supreme Court of Victoria, which had held CMT liable to NEM for a sum of $36,960.21, plus costs.

The High Court was required to determine whether the judgment of the Supreme Court of Victoria should be upheld or set aside. The specific issue was the validity of NEM's counter-claim against CMT, which had resulted in the adverse judgment for CMT.

By consent of the parties, the High Court allowed the appeal. The Court set aside the order of the Supreme Court of Victoria that found CMT liable to NEM. Instead, the High Court ordered that NEM's counter-claim against CMT be dismissed with costs, and that NEM repay the sum of $36,960.21 to CMT. Additionally, NEM was ordered to pay the Transport Accident Commission's costs in relation to CMT's application for special leave to appeal to the High Court.