StateCover Mutual Ltd v Cameron [2015] NSWCA 127

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: StateCover Mutual Ltd v Cameron [2015] NSWCA 127 Hearing dates: 7 May 2015 Decision date: 07 May 2015 Before: Beazley P at [1], [22]; Basten JA at [2]; Ward JA at [21] Decision: 1.Dismiss the appeal.

2.The appellant must pay both respondents' costs in this Court, the second respondent's costs to be assessed on the ordinary basis up to 8 March 2015 and on the indemnity basis from 9 March 2015. Catchwords: STATUTORY INTERPRETATION – "employment" – which of two meanings applied – whether words in other provision to be read into provision where not appearing – Workers Compensation Act 1987 (NSW), s 18(1)

WORKERS COMPENSATION – employer liable to pay compensation – identification of insurer – employee last exposed to relevant injury when first insurer on risk – different insurer on risk when employee ceased to be employed – Workers Compensation Act 1987 (NSW), s 18(1) Legislation Cited: Workers Compensation Act 1926 (NSW), ss 7, 18 Workers Compensation Act 1987 (NSW), ss 4, 9, 9A, 15, 17, 18, 151AB Workers Compensation Legislation Amendment Act 2012 (NSW), Sch 7 [1] WorkCover Legislation Amendment Act 1996 (NSW), Sch 1.2 [1] Cases Cited: Allianz Australia Insurance Ltd v Pomfret [2015] NSWCA 4 Blatchford v Staddon and Founds [1927] AC 461 CIC Workers' Compensation (NSW) Ltd v Alcan Australia Ltd (1994) 35 NSWLR 169 Smith v Mann (1932) 47 CLR 426 University of New South Wales v AAI Ltd [2014] NSWCA 153 Category: Principal judgment Parties: StateCover Mutual Ltd (Appellant) Rebecca Cameron as legal personal representative of the Estate of Alan Steere (First Respondent) AAI Ltd t/as GIO (Second Respondent) Representation: Counsel: Mr L King SC/Mr S Flett/Mr S Blount Mr P Morris SC/Mr L Morgan (First Respondent) Mr A R Moses SC/Mr A B Parker/Mr R L Gall (Second Respondent)