Dual characterisation of ‘fault’ in motor accident cases

The NSW Court of Appeal held that there may be a dual characterisation of ‘fault’ in motor accident cases, such that an employer is entitled to indemnity under a CTP policy notwithstanding the fact that there may be an unsafe system of work. Further, the Court held that a self-insurer has no liability to contribute in such cases since there is no dual-insurance. (CSR Limited v Zurich Australian Insurance Limited [2001] 52 NSWLR 193)


Related Articles

HIGH COURT CONSIDERS RECOVERABLE ECONOMIC LOSS IN THE ‘LOST YEARS’ FOLLOWING DEATH

Legal Directions

Publication of Reasons 13 June 2018 Amaca Pty Limited v Latz, Latz v Amaca Pty Limited [2018] HCA 22 Summary In…

Continue reading

Negligence held to extinguish employer’s s151Z recovery

Legal Directions

South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312 The decision principally concerned the statutory interpretation and operation of the…

Continue reading

Cram Fluid Power Pty Ltd v Green [2015] NSWCA 250

Legal Directions

The decision of the NSW Court of Appeal in Cram Fluid clarifies the operation of the 2012 amendments with respect to…

Continue reading