Westpac Banking Corporation v Tomassian [1993] 32 NSWLR 207
The NSW Court of Appeal held that a claim for recovery of workers compensation payments from a CTP insurer pursuant to s151Z of the Workers Compensation Act 1987 is not a claim for damages but rather a claim for statutory indemnity. Therefore there is no obligation on an employer pursuing a recovery to comply with the procedural requirements of the motor accident litigation.
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