Allianz Australia Insurance Limited v GSF Australia Pty Limited [2005] HCA 26

HIGH COURT OF AUSTRALIA

McHUGH, GUMMOW, HAYNE, CALLINAN AND HEYDON JJ

ALLIANZ AUSTRALIA INSURANCE LIMITED APPELLANT

AND

GSF AUSTRALIA PTY LIMITED & ANOR RESPONDENTS

Allianz Australia Insurance Limited v GSF Australia Pty Limited

[2005] HCA 26

19 May 2005

S247/2004

ORDER

1. Appeal allowed.

2. The first respondent (GSF Australia Pty Ltd - "GSF") pay the costs of the appellant (Allianz Australia Insurance Ltd - "Allianz").

3. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 1 July 2003 and in their place order:

(a) the appeal to the Court of Appeal is allowed;

(b) GSF pay the costs of Allianz of the appeal to the Court of Appeal;

(c) Orders 1, 4 and 5 of the orders of the District Court of New South Wales made on 14 June 2002 are set aside and in their place order:

(i) judgment for the plaintiff against GSF in the sum of $450,000;

(ii) judgment for Allianz against GSF;

(iii) GSF pay the costs of Allianz in the District Court.

On appeal from the Supreme Court of New South Wales

Representation:

K P Rewell SC with P S L Dooley for the appellant (instructed by TL Lawyers)

L King SC with J W Catsanos for the respondent (instructed by Blake Dawson Waldron)

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

CATCHWORDS

Allianz Australia Insurance Limited v GSF Australia Pty Ltd

Insurance – Motor vehicles – Third party liability insurance – Truck and trailer provided by first respondent to convey packed containers of food to airport – Appellant insurer of vehicle – Second respondent an employee of first respondent – Second respondent suffered back injury while assisting in unloading containers after vehicle's lifting mechanism became inoperative – Whether second respondent's injury an "injury" within the meaning of the Motor Accidents Act 1988 (NSW).