Allianz Australia Insurance Ltd v Newcastle Formwork Constructions Pty Ltd

[2007] NSWCA 144

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Particulars
3. › Claim for indemnity under s 151Z(1)(d) Workers Compensation Act 1987
4. › Whether plaintiff obliged to provide particulars of damages injured worker would recover
5. › Whether request for particulars excessive
6. › Whether judge erred in declining to order provision
7. › Workers Compensation Act 1987 (NSW), s 151Z(1)(d)
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 15.1, 15.10, 15.12
1. Workers Compensation
2. › Indemnity under s 151Z(1)(d)
3. › Plaintiff must establish damages injured worker would recover in action against wrongdoer
4. › Particulars required to define issues at trial
5. › Workers Compensation Act 1987 (NSW), s 151Z(1)(d)
1. Appeal
2. › Leave to appeal
3. › Interlocutory decision on particulars
4. › Whether appealable error shown

Quick Take

A plaintiff in a s 151Z(1)(d) indemnity claim is obliged to provide particulars of the damages the injured worker would have recovered against the wrongdoer, but the specific personal injury particulars regime in r 15.12 UCPR does not apply. Requests for particulars must be confined to what is reasonably necessary for the defendant to know the case it has to meet, and excessively wide-ranging requests may properly be refused. A blanket refusal to provide any particulars is incorrect.