NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Stewart v QBE Insurance (Australia) Limited & Anor [2008] NSWDDT 6
Irene Stewart (as legal personal representative of the Estate of the Late Angus Clugston Stewart) PARTIES : QBE Insurance (Australia) Limited Wallaby Grip Limited
MATTER NUMBER(S) : 7279 of 2007
JUDGMENT OF: Kearns J
Dust Diseases Tribunal :- Ruling; employers' indemnity insurance; statutory minimum common law cover $40,000 at the relevant time; CATCHWORDS: admission as to existence of policy; no admission as to the extent of common law cover; no evidence of extent of common law cover; whether plaintiff or insurer has onus to establish extent of common law cover
LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946
Di Cecco v Mercantile Mutual Insurance (Workers' Compensation) Limited (2002) 23 NSWCCR 143 CASES CITED: Orica Australia Pty Ltd v CGU Insurance Ltd [2002] NSWDDT 8 Royal & Sun Alliance Insurance Australia Limited v Betta Industries Pty Limited (2002) 24 NSWCCR 164
DATES OF HEARING: 01.02.2008 EX TEMPORE JUDGMENT DATE : 1 February 2008
Mr J Sharpe, instructed by Turner Freeman, appeared for the plaintiff
LEGAL REPRESENTATIVES: Mr G Little SC, with Mr G J Parker, instructed by Moray & Agnew appeared for the first defendant
Mr D J Russell SC instructed by Middletons appeared for the second defendant
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