Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account v Ashcroft Supa IGA Orange Pty Ltd

• 1. Insurance
  2. › Liability insurance
  3. › Public liability policy
  4. › Exclusion clause
  5. › Employers' liability exclusion
  6. › Contract for provision of labour only services to insured
  7. › Whether contract between group training organisation and insured was for 'labour only' services
  8. › Whether injured apprentice worker was a person 'under' the contract
• 1. Torts
  2. › Negligence
  3. › Contributory negligence
  4. › Apportionment of responsibility
  5. › Apprentice worker's failure to inspect floor
  6. › Whether 10% apportionment plainly wrong
  7. › Civil Liability Act 2002 (NSW), s 5R
• 1. Torts
  2. › Negligence
  3. › Apportionment of responsibility and damages
  4. › Non-delegable duty of care
  5. › Employer's duty to employee working at third party premises
  6. › Notional contribution under s 151Z(2) Workers Compensation Act 1987 (NSW)
  7. › Whether 10% apportionment against employer should be disturbed

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