Andrew William McDonald v Centennial Newstan Pty Limited [2012] NSWDC 218

District Court New South Wales

Medium Neutral Citation: Andrew William McDonald v Centennial Newstan Pty Limited [2012] NSWDC 218 Hearing dates: 5, 9, 10 and 24/10/2012 Decision date: 29 November 2012 Jurisdiction: Civil Before: F Marks ADCJ Decision: Judgment for the Plaintiff, judgment for the cross defendant Longwall Advantage Pty Limited against first defendant, judgment for the cross claimant against GIO, costs reserved [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - plaintiff working at coal mine under labour hire agreement when injured - apportionment of liability - claim for indemnity under agreement between mine operator and associate of labour hire employer - held no breach and no causal nexus with plaintiff's injuries - indemnity refused - company effected liability insurance with insurer - held insurer liable to indemnify mine operator under policy Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 Cases Cited: Forstaff Blacktown Limited v Brimac Pty Ltd [2005] NSWCA 423 J Blackwood and Son v Skilled Engineering [2008] NSWCA 142 TNT Australia Pty Ltd v Christie [2003] NSWCA 47 Podrebersek v Australian Iron and Steel Pty Ltd [1985] HCA 34 Alexander v Cambridge Credit Corporation Ltd (1987) 9 NSWLR 310 Chappel v Hart (1998) 195 CLR 232 Erect Safe Scaffolding (Australia) Pty Ltd v Sutton [2008] NSWCA 114 Category: Principal judgment Parties: Andrew William McDonald - Plaintiff Centennial Newstan Pty Limited - First Defendant and Cross Claimant Longwall Advantage Pty Limited - Second Defendant Longwall Labour Force Pty Limited - Third Defendant GIO - Cross Defendant Representation: B Dooley SC with P O'Rourke - Plaintiff A J McInerney SC - First Defendant and Cross Claimant M J Windsor SC with L Reid - Second Defendant L Reid - Third Defendant and Cross Defendant Whitelaw McDonald - Plaintiff Winter HilditchFotheringham - First Defendant and Cross Claimant DLA Piper Australia - Third Defendant Kennedys - Second Defendant and Cross Defendant File Number(s): 2011/00042451 Publication restriction: Nil