Ilievska-Dieva v Sgio Insurance Ltd

[2000] WASCA 161

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Tort Law
2. › Negligence
3. › Duty of care
4. › Pure economic loss
5. › Insurer's delay in paying workers' compensation
6. › Whether duty of care owed by employer's insurer to worker
7. › Whether claims arguable in light of developing law
8. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 57A, 74(1)
1. Practice and Procedure
2. › Strike out applications
3. › Whether claims disclose no cause of action
4. › Standard for striking out claims
5. › Whether claims arguable
6. › Whether court should be cautious not to stifle development of the law
1. Workers' Compensation
2. › Delay in payment of compensation
3. › Dispute between insurers
4. › Whether Act provides exclusive remedy
5. › Whether common law claims for consequential loss available
6. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 57A(1), 57A(2), 57A(3), 74(1), 86

Quick Take

A workers' compensation insurer may arguably owe a duty of care to a worker for pure economic loss caused by delay in paying compensation, particularly where the worker is vulnerable, the insurer knew of the risk of harm, and the insurer was not legitimately pursuing its own interests. The Workers' Compensation and Rehabilitation Act 1981 (WA) does not provide an exclusive remedy for such consequential losses. The question remains to be finally determined at trial.