Tokio Marine & Nichido Fire Insurance Co Ltd v Holgersson [2019] WASCA 114

Overview

The WA Court of Appeal has found that indemnity was available to a party who fell within the definition of a ‘subcontractor’ under the principal’s liability policy without the restrictions on cover of the principals and subcontractors extension in circumstances where the notation of ‘subcontractors’ was included in the schedule under the definition of ‘Insured’ without any further detail.

Overview

Summary

What is one of a creditors’ biggest nightmares? The unfair preference claim brought by a liquidator under section 588FA of the Corporations Act 2001 (Cth) (Act).

Hee v State Transit Authority of New South Wales [2019] NSWCA 175 (17 July 2019)

IAG Limited trading as NRMA Insurance v Lucic [2019] NSWSC 620 (28 May 2019)

Summary

The NSW Supreme Court has held that a worker will not be bound by the formulation of notional damages for the purpose of recovery proceedings under section 151Z of the Workers Compensation Act 1987 (the ‘1987 Act’) if the worker subsequently brings a separate action against the third party claiming damages.

Jennifer Stefanac v Department of Family and Community Services [2019] NSWWCCR 4 (11 July 2019)

Summary

Khullar v ANZ Banking Group Limited [2019] NSWWCC 230 (1 July 2019)

Summary

The employer was found liable for an aggravation of a prior work injury where the aggravation resulted from a motor vehicle accident that occurred when the worker was returning from a medical appointment.

Recent Legislative Developments

There are no recent legislative changes to report.

Recent Decisions

Injury on journey to obtain medical treatment establishes real and substantial connection
Khullar v ANZ Banking Group Limited [2019] NSWWCC 230 (1 July 2019)

Summary