Milne v Rocla Pty Ltd [2016] NSWSC 1501

Supreme Court New South Wales

Medium Neutral Citation: Milne v Rocla Pty Ltd [2016] NSWSC 1501 Hearing dates: 17 October 2016 Date of orders: 17 October 2016 Decision date: 17 October 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: Dismiss the Notice of Motion filed 16 September 2016.

Order the second cross-defendant to pay the first defendant's costs of the Notice of Motion. Catchwords: SEPARATE ISSUE – worker injury claim – claim against employer of host employee – cross-claim for contribution and contractual indemnity – insurer provides cover for plaintiff's claim and contribution claim but not indemnity – whether contractual claim can be severed from other claims Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Uniform Civil Procedure Rules Workers Compensation Act 1987 (NSW) Cases Cited: Integral Home Loans Pty Limited v Interstar Wholesale Finance Pty Limited [2006] NSWSC 1464 Street v Luna Park Sydney Pty Limited [2007] NSWSC 697 Category: Procedural and other rulings Parties: Russell Milne (Plaintiff) Rocla Pty Limited (First Defendant/First Cross-Defendant) Interstate Enterprises Pty Ltd (Second Defendant/Cross-Claimant) Workers Compensation Nominal Insurer (Second Cross-Defendant) Representation: Counsel: N Potts (Plaintiff) PB Stockley (First Defendant/First Cross-Defendant) T Bowen (Second Defendant/Cross-Claimant) PA Rickard (Second Cross-Defendant)