QBE Insurance Limited v AMP Workers' Compensation Services (NSW) P/L [2000] NSWSC 1070

New South Wales Supreme Court

CITATION : QBE Insurance Limited v AMP Workers' Compensation Services (NSW) P/L [2000] NSWSC 1070 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2184/00 HEARING DATE(S) : 25 August 2000 JUDGMENT DATE : 21 November 2000

PARTIES : QBE Insurance Limited (Plaintiff) AMP Workers' Compensation Services (NSW) Pty Ltd (Defendant) JUDGMENT OF : Santow J

COUNSEL : N G Rein, SC (Plaintiff) P M Morris/K Rees (Defendant) SOLICITORS : Henry Davis York (Plaintiff) Moray & Agnew (Defendant) CATCHWORDS : EQUITY — Contribution required in circumstances where first insurer under motor vehicle third party cover paid out injured employee's claim direct in an action brought only against negligent employee driver — Effect of payment to discharge employer's vicarious liability — Second insurer insures same employer for workers' compensation payments to injured employee — Contribution ordered against second insurer for such payments. Employees Liability Act 1991 (NSW), s3(1)(b) LEGISLATION CITED : Motor Accidents Act 1988 (NSW), Schedule 1; s16 Workers Compensation (General) Regulation 1995. Schedule 1, Form 4 Albion Insurance Co v Government Insurance Office (NSW) (1969) 131 CLR 342 Australian Eagle Insurance Co Ltd v Mutual Acceptance (insurance) Pty Ltd [1983] 3 NSWLR 59 CASES CITED : Burke v LFOT Pty Limited ([2000] FCA 1155, 18 August 2000, unreported) Commercial and General Insurance Co Ltd v GIO (NSW) (1973) 129 CLR 374 State Government Insurance Commission (SA) v Switzerland Insurance Australia Limited (1995) 22 MVR 10 DECISION : Contribution ordered.