Dyer v Dyno Nobel Asia Pacific Limited - formerly Dyno Wesfarmers Limited [2003] NSWSC 198

New South Wales Supreme Court

CITATION : Dyer v Dyno Nobel Asia Pacific Limited - formerly Dyno Wesfarmers Limited [2003] NSWSC 198 HEARING DATE(S) : 21.10.02, 22.10.02, 23.10.02, 24.10.02, 31.10.02, JUDGMENT DATE : 27 March 2003 JURISDICTION: Common Law JUDGMENT OF : Mathews AJ DECISION : Principal Claim; In accordance with the agreement reached between counsel I have not purported in this judgment to translate my findings into monetary terms. This is to be done by the parties in accordance with the findings I have made. I leave it to the parties to bring in short minutes of the appropriate orders. If they are unable to agree, I will deal with outstanding issues by arrangement with the parties.; As to the Cross Claims, verdict for the first and second cross-defendants on the first cross-claim; verdict for the cross-claimant against the third cross-defendant on the first cross-claim; costs of all parties on the cross-claims are to follow the event unless submissions to the contrary are received by me within seven days of today.

CATCHWORDS : Compensation to relatives - deceased killed in Papua New Guinea - likely employment situation had he survived - assessment of likely superannuation entitlements - no discount for remarriage - cross-claims by defendant against three insurance companies - contract of employment entered into in NSW, but NSW insurer excluded from ambit of claim - Papua New Guinea insurer held liable - LEGISLATION CITED : Papua New Guinea Wrongs Act NSW Workers Compensation Act (1987) De Sales v Ingrilli 193 ALR 130 Malec v J C Hutton Pty Limited (1990) 169 CLR 638 CASES CITED : Roads and Traffic Authority v Cremona (2001) MVR 190; NSWCA 338; 16 November 2001 Quinn v Jack Chia (Australia) Ltd [1992] 1 VR 567 at 576 Regie National des Usines Renault SA v Zhang [2002] 187 ALR 1 Reese Bros Plastics Ltd v Hamon-Sobelco Australia Pty Ltd Jacquelyn DYER - Plaintiff Dyno Nobel Asia Pacific Limited (formerly Dyno Wesfarmers Limited) - Defendant PARTIES : Workcover Queensland - First Cross Defendant MMI Workers' Compensation Insurance - Second Cross Defendant QBE Insurance (PNG) Limited - Third Cross Defendant FILE NUMBER(S) : SC 20315/96 Ms A Katzmann SC with Mr M Cahill - Plaintiff Mr N Cotman SC with Mr R Parsons - Defendant COUNSEL : Mr J Sharpe SC for Workcover Queensland - First Cross Defendant Mr C Hoeben SC for MMI Workers' Compensation (NSW) Limited - Second Cross Defendant Mr Sheller for QBE Insurance (PNG) Limited - Third Cross Defendant Ken Hooper & Assoc- Gatton Qld - Plaintiff Gadens Lawyers Brisbane - Defendants SOLICITORS : Thynne & McCartney - Brisbane - First Cross Defendant Hickson Wisewoulds - Second Cross Defendant Phillips Fox - Third Cross Defendant