When an employer or insurer claims indemnity from a tortfeasor under s 151Z(1)(d) of the Workers Compensation Act 1987, the court must determine the full quantum of common law damages the injured worker would have recovered, including all constituent elements (general damages, past and future economic loss, past and future expenses). It is insufficient merely to find that the indemnity claimed is less than the damages. This single determination binds both parties and sets the ceiling for all future indemnity claims in respect of the same injury.
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