Weir Services Australia Pty Ltd v Allianz Australia Insurance Limited [2013] NSWSC 26

Supreme Court New South Wales

Medium Neutral Citation: Weir Services Australia Pty Ltd v Allianz Australia Insurance Limited [2013] NSWSC 26 Hearing dates: 29 January 2013 Decision date: 29 January 2013 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Defendant obliged to indemnify plaintiff under Policy of Insurance Catchwords: [WORKERS COMPENSATION] - Where worker employed for short term contract to provide services for work at smelter in Tasmania - where worker lived in Western Australia - where employer's registered office in New South Wales providing employment in various States - no other employment relationship between employer and worker - worker injured during employment at smelter. [INSURANCE] - Where defendant insurer insured plaintiff in respect of workers compensation liability under Workers Rehabilitation and Compensation Act 1988 (Tas) - where insurer denied indemnity on basis that worker's employment was not "connected with" the State of Tasmania - whether worker's employment connected with Tasmania Legislation Cited: Workers Compensation Act 1987 (NSW) Workers Compensation and Injury Management Act 1981 (WA) Workers Rehabilitation and Compensation Act 1988 (Tas) Cases Cited: Klemke v Grenfell Commodities Pty Ltd [2011] NSWWCCPD 27 Martin v RJ Hibbens Pty Ltd [2010] NSWWCCPD 83; (2010) 8 DDCR 535 at 550 Tamboritha Consultants Pty Limited v Knight [2008] WADC 78; (2008) 58 SR (WA) 291 Category: Principal judgment Parties: Weir Services Australia Pty Ltd (First Plaintiff) CGU Workers Compensation (NSW) Limited (Second Plaintiff) Allianz Australia Insurance Limited (First Defendant) Thomas Taylor (Second Defendant) Representation: JM Harris (Plaintiffs) GB Beauchamp (First Defendant) Turks Legal (Plaintiffs) Sparke Helmore Lawyers (First Defendant) Turner Freeman (Second Defendant) (re costs) File Number(s): 2012/145796 Publication restriction: Nil