Penrith City Council v Healey; GIO General Ltd v Healey [2016] NSWCA 161

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Penrith City Council v Healey; GIO General Ltd v Healey [2016] NSWCA 161 Hearing dates: 26 November 2015; 27 November 2015 Decision date: 07 July 2016 Before: Basten JA at [1]; Simpson JA at [24]; Emmett AJA at [179] Decision: In CA No 2015/104539 (the appeal by Penrith City Council):

(1) Allow the appeal and set aside the orders made in the Common Law Division on 2 April 2015.

(2) Dismiss the proceedings brought by the plaintiff and order that the plaintiff pay the defendant's costs of the trial.

(3) Order that the first respondent (Ralph Healey) pay the appellant's costs in this court.

(4) No order as to the costs of the second defendant (GIO General Ltd).

(5) Grant the first respondent a certificate under the Suitors' Fund Act 1951 (NSW).

In CA No 2015/109911 (the appeal by GIO General Ltd):

(1) Allow the appeal and set aside the orders made in the Common Law Division on 2 April 2015.

(2) Dismiss the proceedings brought by the plaintiff and order that the plaintiff pay the defendant's costs of the trial.

(3) Order that the first respondent (Ralph Healey) pay the appellant's costs in this court.

(4) No order as to the costs of the second defendant (Penrith City Council).

(5) Order that the first respondent repay to the appellant any amount paid to the first respondent pursuant to orders made on 2 April 2015, with interest at the post-judgment rate.

(6) Grant the first respondent a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: INSURANCE – public liability policy – exclusion – construction – whether injury to worker performing work for benefit of insured – whether business of employer included supply of labour – whether work performed in part under the care, control, direction or supervision of the insured