WorkCover Queensland v Amaca P/L

WorkCover Queensland, the appellant, sought to recover compensation it had paid to a worker who contracted and died from mesothelioma from the manufacturers and suppliers of the asbestos. The worker had not commenced actions for damages against these entities. WorkCover Queensland commenced proceedings against those entities and subsequently made an application for a case to be stated to the Supreme Court of Queensland. The primary judge certified questions on the nature of WorkCover Queensland’s indemnity under section 272(7) of the Workers Compensation and Rehabilitation Act 2003 (Qld), the date at which damages are to be assessed, the effect of section 66 of the Succession Act 1981 (Qld), and whether section 272(7) converted the common law solidary liability of concurrent wrongdoers into proportionate liability. The manufacturers and suppliers of the asbestos appealed to the Court of Appeal. The Court of Appeal considered the certified questions, including the date at which damages are to be assessed, the effect of section 66 of the Succession Act 1981 (Qld), and whether section 272(7) converted the common law solidary liability of concurrent wrongdoers into proportionate liability. The Court of Appeal held that the damages are to be assessed as at the date of judgment in the proceeding. The Court of Appeal also held that section 66 of the Succession Act 1981 (Qld) does not affect the assessment of damages. The Court of Appeal further held that section 272(7) does not convert the common law solidary liability of concurrent wrongdoers into proportionate liability. The Court of Appeal answered the certified questions as set out in the orders.