Where a co-employee tortfeasor is entitled to indemnity under the Motor Accidents (Compensation) Act (NT), the employer is not liable to indemnify the employee under s 22A of the Law Reform (Miscellaneous Provisions) Act, and the exception in s 52(1A) of the Work Health Act applies, preserving the injured worker's common law action against the co-employee and employer. The case also illustrates the assessment of loss of a chance damages based on the salary differential between the plaintiff's current position and the position he would be forced to seek if thrown onto the labour market.
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