WorkCover Queensland v Klinger Limited (No 1)
[2021] QDC 55 · Jarro DCJ
WorkCover Queensland had paid workers' compensation to two men, Mr Jones and Mr Simpson, who each died of mesothelioma after being exposed to asbestos from a product called Klingerit, which the defendant Klinger Limited manufactured and supplied. Using its right to step into the shoes of those workers, WorkCover sued Klinger in two separate court cases to recover the compensation it had paid. This decision did not decide who was at fault or any money. Instead, WorkCover asked the court to run the two cases together, or one straight after the other, to save time and cost because they shared many common questions about the same product and the same disease. The judge worked through nine established factors and agreed there was enough overlap. He ordered the two cases be heard consecutively or in partial consecutive sequence, and said he would hear the parties further about the exact orders, directions and costs.
Incident & injury
Inhalation of asbestos fibre liberated from working with the defendant's product 'Klingerit', leading to malignant mesothelioma in two deceased workers
- Body regions
- Chest / thorax
- Diagnoses
- Malignant mesothelioma
- Location
- Gympie / Toowoomba (Baillie Henderson Hospital), Queensland
Quick facts
- Date of judgment
- 8 April 2021
- Claim type
- PIPA Public Liability
- Proceeding
- Interlocutory
- Plaintiff outcome
- N/A
- Occupation
- Workers' compensation insurer (subrogated to deceased maintenance fitter and engine fitter/engineer) Not stated
Outcome
WorkCover applied under r 79 UCPR to have two subrogated indemnity proceedings against Klinger Limited (the Jones and Simpson asbestos/mesothelioma claims) heard together or in sequence. Jarro DCJ allowed the application, ordering the proceedings be tried consecutively or in partial consecutive sequence, and reserved questions of the form of order, directions and costs.
Key issues
WorkCover Queensland v Klinger Limited (No 1) [2021] QDC 55
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