Gordian Runoff Ltd v Heyday Group Pty Ltd [2005] NSWCA 29

Reported Decision : (2006) 14 ANZ Insurance Cases 61-680

New South Wales Court of Appeal

Gordian Runoff Ltd v Heyday Group Pty Ltd [2005] NSWCA 29 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 6 December 2004

JUDGMENT DATE: 25 February 2005

JUDGMENT OF: Beazley JA at 1; Santow JA at 2; Tobias JA at 3

DECISION: Appeal dismissed with costs.

CATCHWORDS: INSURANCE - Workers compensation insurance - Statutory workers compensation policy - Non-employer joint tortfeasor - Judgment by injured worker against employer (sub-contractor) - Judgment by injured worker against non-employer tortfeasor (head-contractor) - Contractual indemnity between head and sub contractors - Liability between contractors as joint or concurrent tortfeasors - Whether policy responds - Workers Compensation Act, s 151Z(2) - WORKERS COMPENSATION - Joint tortfeasors - Employer and non-employer tortfeasor - Apportionment of responsibility - Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 - Workers Compensation Act 1987(NSW), s 151Z(2)

District Court Act 1973 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) LEGISLATION CITED: Queensland Workers Compensation Acts,1916 to 1966 (Qld) Workers Compensation Act 1987(NSW)

Barisic v Devenport (1978) 2 NSWLR 111 Grljak v Trivan Pty Ltd, 19 April 1996 (unreported) Leonard v Smith (1992) 27 NSWLR 5 Multiplex Constructions Pty Limited v Irving & Ors; Fugen Holdings Pty Limited v Irving & Ors [2004] NSWCA 346 CASES CITED: New South Wales v Kennelly (No 2) [2001] NSWCA 472 Nigel Watts Fashion Agencies Pty Limited v GIO General Limited (1995) 8 ANZ Insurance Cases 61-235 Speirs v Caledonian Collieries (1957) 57 SR (NSW) 483 State Government Insurance Office (Queensland) v Brisbane Stevedoring Pty Limited (1969) 123 CLR 228 The Workers Compensation Board of Queensland v Technical Products Pty Limited (1988) 165 CLR 642