WorkCover Qld v Suncorp Metway Insurance Ltd

[2005] QCA 155

Queensland Court of Appeal

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Interrogate

Catchwords

1. Insurance
2. › Third-party liability insurance
3. › Motor vehicles
4. › Risks insured
5. › Relationship with workers' compensation claims
6. › Whether registration of vehicle ownership in one partner's name amounted to registration of partnership as owner
7. › Whether employer exemption applied where partnership was employer but only one partner was registered owner
8. › Motor Vehicles Insurance Act 1936 (Qld), s 3(1)
1. Insurance
2. › Third-party liability insurance
3. › Motor vehicles
4. › Risks insured
5. › Liability of owner of vehicle to driver and vice versa
6. › Meaning of 'owner' in Motor Vehicles Insurance Act 1936 (Qld)
7. › Whether 'owner' means registered owner throughout s 3
8. › Whether partnership 'in charge of' vehicle could be deemed authorised agent of registered owner under s 3(2)
1. Insurance
2. › Double insurance
3. › Equitable contribution between co-insurers
4. › Workers' compensation insurer and compulsory third party insurer
5. › Whether identity of insured persons required
6. › Whether sufficient that each insurer on risk in respect of same loss or liability
7. › Quantum of contribution
8. › Motor Vehicles Insurance Act 1936 (Qld), s 3
9. › Workers' Compensation Act 1990 (Qld), s 4.9
1. Partnership
2. › Liability of partners
3. › Joint and several liability
4. › Vehicle registered in name of one partner only
5. › Whether registration in one partner's name constituted registration of partnership
6. › Partnership Act 1891 (Qld), s 27

Quick Take

Where a motor vehicle is owned by a partnership but registered in the name of one partner only, the partnership is not the 'owner' for the purposes of the Motor Vehicles Insurance Act 1936 (Qld), and the employer exemption in the third paragraph of s 3(1) does not relieve the compulsory third party insurer from its obligation to indemnify the registered owner partner. Double insurance exists between the workers' compensation insurer and the CTP insurer, entitling the former to equitable contribution of 50% from the latter, assessed at the date of the casualty when each insurer's liability to the registered owner partner existed in full. The dissent on quantum (25% contribution based on the partner's right to contribution from the other partner) was not accepted by the majority.