Multiplex Constructions Pty Ltd v Irving

Case [2004] NSWCA 346
CITATION: Multiplex Constructions Pty Limited v Irving & 2 Ors; Fugen Holdings Pty Limited v Irving & 2 Ors [2004] NSWCA 346
HEARING DATE(S): 21 September 2004
JUDGMENT DATE:
28 October 2004
JUDGMENT OF: Santow JA at 1; Ipp JA at 25; Pearlman AJA at 94
DECISION: Within 21 days the parties to bring in an agreed draft minute of orders and, failing agreement, their respective proposed draft minutes together with written submissions supporting the draft minutes.
CATCHWORDS: INSURANCE - statutory workers' compensation policy - extent of liability - liability for contractual claims - Nigel Watts Fashion Agencies Pty Ltd v GIO General Ltd (1995) 8 ANZ Insurance Cases 61-235 followed - meaning of "becomes liable" in statutory policy - need to prove relevant loss for indemnity to operate. D
LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946, s 5(1)(c)
CASES CITED: AMP Workers' Compensation Services (NSW) Ltd v QBE Insurance Limited (2001) 53 NSWLR 35
Barisic v Devenport (1978) 2 NSWLR 111
Bryanston Finance Ltd v de Vries [1975] QB 703
Cacciola v Fire & All Risks Insurance Company Limited [1971] 1 NSWLR 691
Dillingham Engineering Pty Limited v National Employers' Mutual General Insurance Association Ltd (1971) 1 NSWLR 578
Findlay v Westfield Development Corporation Ltd (1972) 1 NSWLR 422
Manufacturers Mutual Insurance Limited v Hooper (1988) 5 ANZ Insurance Cases 60-849
Nigel Watts Fashion Agencies Pty Ltd v GIO General Ltd (1995) 8 ANZ Insurance Cases 61-235
Orica Ltd v CGU Insurance Ltd (2003) 59 NSWLR 14
Post Office v Norwich Union Fire Insurance Society Limited (1967) 2 QB 363
Rheem Australia Ltd v Manufacturers Mutual Insurance Ltd (1984) 2 NSWLR 370
Speirs v Caledonian Colleries and Fenwick (1957) 57 SR (NSW) 483
State Government Insurance Office (Queensland) v Brisbane Stevedoring Pty Ltd (1969) 123 CLR 228
Yeoman Credit Limited v Latter (1961) 1 WLR 828

PARTIES :

 CA 40669/03
Multiplex Constructions Pty Limited (Appellant)
Stuart Irving (First Respondent)
Fugen Holdings Pty Limited (Second Respondent)
Royal & Sun Alliance Insurance Australia Limited (Third Respondent)
CA 40732/03
Fugen Holdings Pty Limited (Appellant)
Stuart Irving (First Respondent)
Multiplex Constructions Pty Limited (Second Respondent)
Royal & Sun Alliance Insurance Australia Limited (Third Respondent)
FILE NUMBER(S): CA 40669/03; 40732/03
COUNSEL: CA 40669/03
P Deakin QC/T To (Appellant)
M Bozic SC/F V Fletcher (First Respondent)
K Andrews (Second Respondent)
I G Harrison SC/E C Muston (Third Respondent)
CA 40732/03
K Andrews (Appellant)
M Bozic SC/F V Fletcher (First Respondent)
P Deakin QC/T To (Second Respondent)
I G Harrison SC/E C Muston (Third Respondent)
SOLICITORS: CA 40669/03
Moray & Agnew (Appellant)
Taylor & Scott (First Respondent)
Gillis Delaney Brown (Second Respondent)
Abbott Tout (Third Respondent)
CA 40732/03
Gillis Delaney Brown (Appellant)
Taylor & Scott (First Respondent)
Moray & Agnew (Second Respondent)
Abbott Tout (Third Respondent)
LOWER COURTJURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 3171/01
LOWER COURT
JUDICIAL OFFICER : 		Walmsley DCJ


                          CA 40669/03
                          CA 40732/03
                          DC 3171/01

                          SANTOW JA
                          IPP JA
                          PEARLMAN AJA

                          28 OCTOBER 2004

MULTIPLEX CONSTRUCTIONS PTY LIMITED v…

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AGLC
Multiplex Constructions Pty Ltd v Irving [2004] NSWCA 346
Case
[2004] NSWCA 346
Decision Date

CaseChat Overview and Summary

Multiplex Constructions Pty Ltd (Multiplex) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales concerning the extent of liability under a statutory workers' compensation policy. The dispute arose from a claim by Mr. Irving for damages for personal injury sustained while employed by Multiplex.

The primary legal issue before the Court of Appeal was whether the insurer, GIO General Ltd, was liable under the statutory workers' compensation policy for a contractual claim made by Mr. Irving against Multiplex, or whether the policy only covered liability at common law or under statute for personal injury. The court was required to interpret the phrase "becomes liable" within the context of the statutory policy and determine the conditions under which the insurer's indemnity obligation would be triggered.

The Court of Appeal, following the decision in *Nigel Watts Fashion Agencies Pty Ltd v GIO General Ltd*, held that the insurer's liability under the statutory policy was not engaged by a contractual claim for damages for personal injury. The court reasoned that the policy was designed to cover liabilities imposed by statute or common law, not those arising purely from contract. For the indemnity to operate, it was necessary to prove that Multiplex had suffered a relevant loss for which the policy provided cover, and a contractual claim, in itself, did not satisfy this requirement.

The Court of Appeal ordered that the parties were to bring in an agreed draft minute of orders within 21 days, or failing agreement, their respective proposed draft minutes along with written submissions supporting those drafts.

Orders

Orders of the court

Within 21 days the parties to bring in an agreed draft minute of orders and, failing agreement, their respective proposed draft minutes together with written submissions supporting the draft minutes.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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