GIO Workers Compensation (NSW) Ltd v AMP General Insurance Ltd [2001] NSWSC 1102

New South Wales Supreme Court

CITATION : GIO Workers Compensation (NSW) Ltd v AMP General Insurance Ltd [2001] NSWSC 1102 FILE NUMBER(S) : SC 4975/99 HEARING DATE(S) : 22 October 2001 JUDGMENT DATE : 30 November 2001

PARTIES : GIO Workers Compensation (NSW) Limited (Plaintiff) AMP General Insurance Limited (Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : M.J. Jenkins (Plaintiff) K. Andrews (Defendant) SOLICITORS : William K. Chambers, Solicitor (Plaintiff) Gillis Delaney Brown Lawyers (Defendant) CATCHWORDS : Insurance - Contribution between insurers - Two policies - Whether there is identicality of risk - Injury to employee at work, whilst driving a bobcat - Injury was caused by the fault of the owner of the vehicle - Whether the injury was caused in the use or operation of the vehicle Motor Accidents Act 1988 LEGISLATION CITED : Supreme Court Rules Workers Compensation Act 1987 Workplace Injury Management and Workers Compenation Act 1998 Albion Insurance Company Limited v Government Insurance Office of New South Wales (1969) 121 CLR 342 AMP Workers Compensation v QBE [2001] NSWCA 267 (19 September 2001, Court of Appeal, unreported) Government Insurance Office (NSW) v R G Green & Lloyd Pty Limited (1966) 114 CLR 437 CASES CITED : Government Insurance Office of New South Wales v QBE Insurance Limited (1985) 2 NSWLR 543 Mercantile Mutual Insurance (Aust.) Limited v Moulding (1995) 22 MVR 325 NRMA Insurance Limited v NSW Grain Corporation (1995) 22 MVR 317 QBE Insurance Limited v AMP Workers' Compensation Services (NSW) Pty Ltd (21 November 2000, Santow J, unreported) DECISION : See paragraph 44