Multiplex Constructions Pty Ltd v Irving

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.