WorkCover Queensland v Amaca Pty Ltd

Practice and procedure – Action - Death of worker - Survival of cause of action - Section 66(1) of Succession Act 1981 (Q) ("Succession Act") provided causes of action vested in deceased person shall survive for benefit of person's estate - Section 66(2) limited damages recoverable "in any action brought" where cause of action survives under s 66(1) - Whether s 66(1) creates new cause of action - Discussion of history of survival of causes of action.

Workers' compensation – Insurance - Statutory scheme - Insurer's right of indemnity against third party for compensation paid - Insurer paid compensation to worker exposed to asbestos manufactured and supplied by respondents - Worker died and no proceedings instituted by worker or estate against any persons - Section 207B(7) of Workers' Compensation and Rehabilitation Act 2003 (Q) ("Compensation Act") gave insurer, in these circumstances, right of indemnity against third party up to amount of compensation paid to worker, but only "to the extent of that person's liability for the damages" - Whether s 66(2) of Succession Act limits amount recoverable under right of indemnity in s 207B(7) of Compensation Act - Nature of cause of action created by s 207B(7) - Difference between liability and damages recoverable - Relevance of history of s 66(2) of Succession Act.

Words and phrases – "in any action brought", "liability", "to the extent of that person's liability for the damages".

Common Law Practice Act 1867 (Q) – s 15D.

Succession Act 1981 (Q) – s 66.

Workers' Compensation and Rehabilitation Act 2003 (Q) – s 207B.

Law Reform (Miscellaneous Provisions) Act 1934 (UK) – 24 & 25 Geo V c 41, s 1.