NSW Caselaw
Dust Diseases Tribunal New South Wales Medium Neutral Citation: Costigan v QBE Insurance (Australia) Ltd [2011] NSWDDT 5 Hearing dates: 21/04/2011 Decision date: 21 April 2011 Before: O'Meally P Decision: QBE Insurance (Australia) Ltd is appointed designated insurer of Dai John Excavating Co Pty Ltd for the purposes of section151AC of the Workers Compensation Act 1987 Catchwords: DUST DISEASES TRIBUNAL - Application to appoint designated insurer - Defendant holding two policies of insurance - Neither insurer agrees to indemnify defendant - Plaintiff continued employment after second insurer off risk - Statement of claim amended to claim damages in respect of a period concluding while insurer on risk - Insurer then on risk appointed designated insurer Legislation Cited: Workers Compensation Act 1987 Dust Diseases Tribunal Act 1989 Dust Diseases Tribunal Rules Cases Cited: Work Cover Authority of New South Wales v Chubb Australia Ltd & Ors [2000] NSWCA 221 MMI Insurance Compensation (New South Wales) Ltd v Baker (1997) 41 NSWLR 29 TGI Australia Ltd & Anor v Bull [1999] NSWDDT 1 QBE Insurance Ltd v Bull [1999] NSWCA 185 (Re McMichael) BP Australia Pty Ltd v Allianz Australia Insurance Ltd & Ors [2007] NSWDDT 11 Macarthur-Onslow v Vero Workers' Compensation (NSW) Ltd & Ors [2006] NSWDDT 27 Coats Bros v FAI Traders Insurance Co Ltd & Ors [1999] NSWDDT4; (1999) NSWCCR 18 178 FAI Traders Insurance Co Ltd v HIH Winterthur Workers Compensation (New South Wales) Pty Ltd (Re Staniforth) Bluescope Steel Ltd v Allianz Australia Insurance Ltd [2006] NSWDDT 42 M S Donnelly Pty Ltd v CGU Workers Compensation (New South Wales) Ltd [2006] NSWDDT 26 Texts Cited: None Category: Procedural and other rulings Parties: Michael Costigan (Plaintiff Applicant) QBE Insurance (Australia) Ltd (Respondent) Representation: D Letcher, QC with S Tzouganatos appeared for the Plaintiff Applicant G F Little, SC appeared for the Respondent S D Taylor-Jones appeared for the Third Defendant Turner Freeman for the Plaintiff Applicant Curwoods Lawyers for the Respondent Moray & Agnew for the Third defendant File Number(s): 307/00
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