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)


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