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Recovery actions

To 1987 Act section 151Z >>

Mansour Taouk v Maroun Taouk & Anor [2010] NSWCA 372. Sackville AJA, Giles JA & Handley AJA agreeing. 22.12.10.

58 The limitation period applicable to a claim for indemnity under s 151Z(1)(d) is six years from the time the cause of action accrued: Limitation Act, s 14(1)(d).

It has been held that the limitation period applicable to the right to claim an indemnity commences on the making of each compensation payment, on the basis that each payment gives rise to a separate and distinct right to indemnification: South Sydney Area Health Service v Gadiry [2002] NSWCA 161; 54 NSWLR 495.

59 As the extract from J Blackwood & Son Ltd v Skilled Engineering Ltd [2008] NSWCA 142 implies, it has been held that the effect of s 151Z, specifically s 151Z(2)(e), is that a negligent employer may be entitled to a partial indemnity under s 151Z(1)(d) from a third party liable in damages to the injured worker: I & J Foods Pty Ltd v Bergzam Pty Ltd (1997) 14 NSWCCR 486. The calculation of the partial indemnity in these circumstances is a complex process explained in detail by Campbell JA in Blackwood v Skilled Engineering.

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