NSW Caselaw
New South Wales Court of Appeal
CITATION: Allianz Australia Insurance Ltd v Newcastle Formwork Constructions Pty Ltd [2007] NSWCA 144
HEARING DATE(S): 14 June 2007
JUDGMENT DATE: 25 June 2007
JUDGMENT OF: Mason P at 1; Giles JA at 2; Santow JA at 32
DECISION: Summons for leave to appeal dismissed. Claimant to pay opponent's costs.
CATCHWORDS: Particulars - claim for indemnity under s151Z(1)(d) Workers Compensation Act 1987 - plaintiff must establish damages injured worker would recover in action against wrongdoer - what particulars of damages to be provided - whether judge erred in declining to order provision - was obligation to provide particulars - but request was excessive - no appealable error.
LEGISLATION CITED: Workers CompensationAct 1987, s 151Z(1)(d)
Grant v Royal Rehabilitation Centre Sydney (1999) 47 NSWLR 263; Higgins v Weekes (1888) 5 TLR 238; CASES CITED: Jawa Group Pty Ltd v Tatana (Garling DCJ, 12 April 2005, unreported); Sims v Wran (1984) 1 NSWLR 317; Westpac Banking Corporation v Tomassian (1992) 32 NSWLR 207.
PARTIES: Allianz Australia Insurance Ltd - Claimant Newcastle Formwork Constructions Pty Ltd - Opponent
FILE NUMBER(S): CA 40612/06
COUNSEL: S Harben SC & A Capelin - Claimant L King SC & M J Jenkins - Opponent
SOLICITORS: T L Lawyers, Newcastle - Claimant Turkslegal - Opponent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 3836/05
LOWER COURT JUDICIAL OFFICER: Hughes DCJ
LOWER COURT DATE OF DECISION: 8 September 2006
LOWER COURT MEDIUM NEUTRAL CITATION: (Hughes DCJ, 8 September 2006, unreported)
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