Dyer v Dyno Nobel Asia Pacific Limited - formerly Dyno Wesfarmers Limited

The case of Dyer v Dyno Nobel Asia Pacific Limited involved a claim for compensation for the death of a man killed in Papua New Guinea. The deceased was employed by Dyno Nobel Asia Pacific Limited, formerly known as Dyno Wesfarmers Limited, and the claimant was his widow. The primary dispute was the amount of compensation owed to the claimant, including assessment of the deceased’s likely employment situation had he survived, as well as his potential superannuation entitlements. The case also involved cross-claims by the defendant against three insurance companies, one of which was based in Papua New Guinea. The employment contract had been entered into in New South Wales, but the New South Wales insurer was excluded from the claim.

The key legal issues the court had to determine included the appropriate assessment of compensation for the deceased's prospective employment situation and superannuation entitlements, the relevance and extent of any remarriage discount, and the liability of the insurance companies involved. The court needed to consider whether the deceased's potential employment situation and superannuation entitlements were sufficiently foreseeable to warrant inclusion in the compensation calculation. It also had to determine the effect of the deceased's remarriage on the compensation, and which insurance companies were liable for the compensation and any cross-claims. The court had to ascertain whether the Papua New Guinea insurer was liable for the compensation, given that the employment contract was entered into in New South Wales.

The court concluded that the deceased's potential employment situation and superannuation entitlements were sufficiently foreseeable and should be included in the compensation assessment. The court found that there was no discount for remarriage as the deceased's remarriage did not impact the compensation owed to the claimant. The court also held that the Papua New Guinea insurer was liable for the compensation. The New South Wales insurer was excluded from the claim as it was not party to the employment contract. The court ordered Dyno Nobel Asia Pacific Limited to pay the claimant the assessed amount of compensation, including for the deceased's likely employment situation and superannuation entitlements. The Papua New Guinea insurer was held liable for the amount determined by the court.