QBE Insurance v SLE Worldwide [2005] NSWSC 776

Reported Decision : (2005) 13 ANZ Insurance Cases 61-654

New South Wales Supreme Court

CITATION : QBE Insurance v SLE Worldwide [2005] NSWSC 776

HEARING DATE(S) : 29/07/05

JUDGMENT DATE : 29 July 2005

JUDGMENT OF : White J

DECISION : 1. Judgment for the defendant; 2. The plaintiff pay the defendant's costs; 3. Exhibits may be returned after 28 days; 4. Liberty to apply on 7 days' notice for order for indemnity costs.

CATCHWORDS : INSURANCE - Contribution - Whether defendant's policy covered claim paid by plaintiff - Whether insured's liability arose from and was in relation to activities of the NRL - claim dismissed.

Dickinson v Motor Vehicle Insurance Trust (1987) 163 CLR 500 Government Insurance Office (NSW) v RJ Green & Lloyd Pty Limited (1966) 114 CLR 437 CASES CITED : Australian Paper Plantations Pty Ltd v Venturoni [2000] VSCA 71 State of New South Wales v Tempo Services Ltd [2004] NSWCA 4 Kelly & Ball, Principles of Insurance Law

QBE Insurance (Australia) Ltd PARTIES : v SLE Worldwide Australia Pty Ltd

FILE NUMBER(S) : SC 3979/03

Plaintiff: M McCulloch SC COUNSEL : Defendant: R Cavanagh

Plaintiff: Ebsworth & Ebsworth SOLICITORS : Defendant: Moray & Agnew

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WHITE J

Friday, 29 July 2005

3979/03 QBE INSURANCE (AUSTRALIA) PTY LIMITED v SLE WORLDWIDE AUSTRALIA PTY LIMITED JUDGMENT 1 HIS HONOUR: This is a claim for contribution between insurers arising from what the plaintiff claims is double or dual insurance. 2 On 30 September 2001, a Ms Claire Henderson was injured when she slipped on some steps at Stadium Australia whilst attending a rugby league grand final organised and promoted by National Rugby League Limited ("NRL"). She sued the operator of the stadium, Stadium Australia Management Pty Ltd ("SAM") and its agent, Ogden International Facilities Corporation (Sydney) Pty Limited ("Ogden"). 3 She alleged, and it was admitted, that SAM had the care and control of Stadium Australia, and that Ogden managed the premises by agreement with SAM. 4 She alleged that her injuries were caused by the negligence of SAM and Ogden, or their servants or agents. The particulars of the alleged negligence were: " (a) Failing to take any or any adequate precautions for the safety of the Plaintiff. (b) Exposing the Plaintiff to risk of injury that could have been avoided by reasonable care on its part. (c) Providing unsafe stairs for use by the public. (d) Painting the steps with a yellow paint which was slippery and hazardous. (e) Failing to warn patrons including the Plaintiff of the risk of injury by way of signage or verbal warning. (f) Failing to provide a hand rail or other adequate means of reducing the risk of injury or falling. (g) Providing stairs too steep for their purpose. (h) Allowing patrons to carry and consume liquid refreshments on and near the stairs, thereby exposing members of the public including the Plaintiff to risk of injury from slipping on such stairs, due in part or whole to the presence of such liquid. "