An employer who has paid workers' compensation may seek indemnity under s 151Z(1)(d) of the Workers Compensation Act 1987 (NSW) from a person whose liability to pay damages arises under statute (including the blameless motor accident provisions of the MACA), not only from a person liable at common law. The word 'liability' in s 151Z(1) is not confined to common law liability. The use of the terms 'wrongdoer' and 'tortfeasor' in prior authorities was shorthand only and does not impose a requirement that the liable person have committed a tort.
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