CITATION:QBE Insurance v Territory Insurance Office (2019) NTLC 020
PARTIES:QBE Insurance (Australia) Limited
v
Territory Insurance Office
TITLE OF COURT: Work Health Court
JURISDICTION: Work Health
FILE NO(s):21419370
DELIVERED ON: 16 January 2019
DELIVERED AT: Darwin
HEARING DATE(s): 19, 20, 21, 22, and 23 June 2017
JUDGMENT OF: Chief Judge Lowndes
CATCHWORDS:
WORK HEALTH – LIABILITY AS BETWEEN APPROVED INSURERS –
PURPOSE AND EFFECT OF SECTION 126A OF THE RETURN TO WORK ACT
– RELEVANCE OF ACCEPTANCE OF LIABILITY – EXISTENCE OF AN
AGREEMENT WITHIN THE MEANING OF SECTION 126 (3) – WAIVER –
WHETHER THERE WAS A COMPENSABLE INJURY DURING PERIOD OF
RISK – STATUTORY PRECONDITIONS FOR ENTITLEMENT TO
COMPENSATION – MATERIAL CONTRIBUTION TO INCAPACITY –
APPORTIONMENT OF CONTRIBUTION BETWEEN INSURERS
Return to Work Act s 126A (2) and (3)
Allianz Australia Insurance Limited and Territory Insurance Office [2008] NTCA
12 applied
REPRESENTATION:
Counsel:
Applicant:Mr D Churilov
Respondent: Mr M Doyle
Solicitors:
Applicant:Roussos Legal Advisory
Respondent: Hunt & Hunt
Judgment category classification: A
Judgment ID number: [2019] NTLC 020
Number of paragraphs: 234
IN THE WORK HEALTH COURT
AT DARWIN IN THE NORTHERN
TERRITORY OF AUSTRALIANo. 21419370
BETWEEN:
QBE Insurance (Australia) Limited
Applicant
AND:
Territory Insurance Office
Respondent
REASONS FOR JUDGMENT
(Delivered 16 January 2019)
CHIEF JUDGE LOWNDES
THE NATURE OF THE PROCEEDINGS IN THE WORK HEALTH COURT AND THE ISSUES TO BE DETERMINED
The applicant commenced proceedings in the Work Health Court pursuant to s 126A (3) of the Return To Work Act (NT), seeking full reimbursement by the respondent of $91,587.78, being statutory compensation paid by the applicant for the period from 27 August 2013 to 13 February 2014 to, or for, Mr Craig Webber (the worker) in discharge of the liability of Airnorth (the employer) under the Act, following the applicant's acceptance of the worker's claim for compensation.
By way of background, the employer's approved insurer for the period prior to 30 June 2010 was the respondent and for the period from 30 June 2010 the approved insurer was the applicant.
The applicant says that on 9 September 2013 the worker made a claim for worker's compensation under the Act for a mental injury suffered in the course of his employment as a result of being present at the scene of a plane crash at the Darwin International Airport on 22 March 2010. At all relevant times the employer was liable to pay compensation to or for the worker in respect of the injury under the provisions of the Act and at all relevant times the respondent, (being the approved insurer at the time of the plane crash) was wholly liable to indemnify the employer for its liability to pay compensation to or for the worker.
The applicant says that in accordance with, and solely by virtue of s 126A(1) of the Act, the applicant indemnified the employer for the full amount of its liability to pay compensation to or for the worker under the Act in respect of the March 2010 injury in…
Keep reading for free
Create a free CaseChat account to read QBE Insurance (Aust) Ltd v TIO and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] NTLC 20
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the determination of how the liability should be apportioned between the two insurers. Both insurers contested their respective shares of the liability, and the court needed to decide whether the liability should be shared equally or according to some other agreed-upon formula. The court had to consider the terms of the insurance policies, relevant legislative frameworks governing work health and safety, and any precedents or guidelines applicable to similar cases.
In delivering its decision, the court considered the nature of the insurance policies and the statutory provisions governing the liability of multiple insurers in such scenarios. The court noted that there was no explicit agreement between the insurers regarding the apportionment of liability. Given the absence of any specific guidelines or precedents dictating a different approach, the court concluded that a 50-50 apportionment was the most equitable solution. The court recognised the importance of ensuring that the employer, and by extension the employee, are fully indemnified for the compensation owed, while also balancing the equities between the insurers.
The court declared that both insurers were liable and remain liable to indemnify the employer in respect of the compensation paid or payable to the worker. The court ordered that each insurer should account to the other for 50% of the employer’s past and future liability to the worker. Furthermore, the court scheduled a future hearing to address the issue of costs between the parties. This decision ensures that the employer and the employee receive the necessary compensation without undue burden on either insurer, while also maintaining fairness in the financial responsibilities of the parties involved.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.