Moltoni Corporation Pty Ltd v QBE Insurance Ltd [2001] HCA 73

HIGH COURT OF AUSTRALIA

GLEESON CJ, GAUDRON, McHUGH, KIRBY AND HAYNE JJ

MOLTONI CORPORATION PTY LTD APPELLANT

AND

QBE INSURANCE LTD RESPONDENT

Moltoni Corporation Pty Ltd v QBE Insurance Ltd [2001] HCA 73 13 December 2001 P92/2000

ORDER

Appeal allowed with costs.

Set aside orders of the Full Court of the Supreme Court of Western Australia made on 3 April 2000 and in lieu thereof order that the appeal to that Court be dismissed with costs.

Respondent to have special leave to cross-appeal. Cross-appeal treated as instituted and heard instanter and dismissed with costs.

On appeal from the Supreme Court of Western Australia

Representation:

D F Jackson QC with G R Hancy for the appellant (instructed by Blake Dawson Waldron)

F M Douglas QC with G R Donaldson for the respondent (instructed by Kott Gunning)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Moltoni Corporation Pty Ltd v QBE Insurance Ltd

Insurance – Contract of insurance – Employer indemnified by insurer against liability arising from workplace injuries – Condition of policy required employer to give notice to insurer of personal injury suffered by employee as soon as practicable – Employer failed to inform insurer of employee's injury as soon as practicable – Insurer's liability to be reduced under Insurance Contracts Act 1984 (Cth) by amount that fairly represents extent to which insurer's interests prejudiced.

Insurance – Employer indemnified by insurer against liability arising both at common law and under workers' compensation legislation – Employer sought indemnity against its liability to employee at common law – Whether insurance contract entered into for the purposes of a law that related to workers' compensation and therefore exempt from operation of Insurance Contracts Act 1984 (Cth).