Moltoni Corporation Pty Ltd v QBE Insurance Ltd

[2001] HCA 73
Judgment date
Case number
P92/2000
Before
Gleeson CJ, Gaudron, McHugh, Kirby, Hayne JJ
Catchwords

Insurance – Contract of insurance - Employer indemnified by insurer against liability arising from workplace injuries - Condition of policy required employer to give notice to insurer of personal injury suffered by employee as soon as practicable - Employer failed to inform insurer of employee's injury as soon as practicable - Insurer's liability to be reduced under Insurance Contracts Act 1984 (Cth) by amount that fairly represents extent to which insurer's interests prejudiced.

Insurance – Employer indemnified by insurer against liability arising both at common law and under workers' compensation legislation - Employer sought indemnity against its liability to employee at common law - Whether insurance contract entered into for the purposes of a law that related to workers' compensation and therefore exempt from operation of Insurance Contracts Act 1984 (Cth).

Words and phrases – "extent to which the insurer's interests were prejudiced" - "for the purposes of".

Insurance Contracts Act 1984 (Cth) – ss 9, 54.

Workers' Compensation and Rehabilitation Act 1981 (WA) – ss 5, 18, 160.

Files
73.rtf (123.69 KB)
73.pdf (48.43 KB)