STATE RAIL AUTHORITY OF NSW v SUN ALLIANCE & ROYAL INSURANCE AUSTRALIA LIMITED [2003] NSWCA 288

Reported Decision : 58 NSWLR 561 (2004) 13 ANZ Insurance Cases 61-588

New South Wales Court of Appeal

CITATION : STATE RAIL AUTHORITY OF NSW v SUN ALLIANCE & ROYAL INSURANCE AUSTRALIA LIMITED [2003] NSWCA 288 HEARING DATE(S) : 16 September 2003 JUDGMENT DATE : 3 October 2003

JUDGMENT OF : Mason P at 1; Sheller JA at 27; Foster AJA at 28 DECISION : Appeal dismissed with costs.

CATCHWORDS : Negligence - Workplace injury caused by negligence of fellow employee - Workers Compensation - whether employer can claim indemnity against motor vehicle insurer under s151Z(1)(d) Workers Compensation Act 1987. (D) PARTIES : STATE RAIL AUTHORITY OF NSW v SUN ALLIANCE & ROYAL INSURANCE AUSTRALIA LIMITED FILE NUMBER(S) : CA 40456/02 COUNSEL : Appellant: K W Andrews Respondent: L King SC SOLICITORS : Appellant: Gillis Delaney Brown Respondent: Ferguson Holz

LOWER COURT District Court JURISDICTION : LOWER COURT DC 8831/2001 FILE NUMBER(S) : LOWER COURT R A Rolfe DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40456 of 2002 DC 8831 of 2001

MASON P SHELLER JA FOSTER AJA

Friday 3 October 2003

STATE RAIL AUTHORITY OF NSW v SUN ALLIANCE & ROYAL INSURANCE AUSTRALIA LIMITED An SRA employee was injured in the course of his employment due to the negligence of a fellow employee, who was driving a crane insured by the respondent (the insurer) under a motor vehicle third party policy. The insurance policy provided both SRA and the fellow employee with a statutory right of indemnity (s9 Motor Accidents Act 1988, now s10 Motor Accidents Compensation Act 1999).