AAI Limited Trading as GIO v Pilbara Iron Company (Services) Pty Ltd

Court of Appeal. Insurance. Fussell, an employee of WorkPac a labour hire company, was injured at an iron ore mine when the tray of the haul truck he was driving was struck by the bucket of a loader during loading. The loader operator was employed by the defendant (the client) Pilbara Iron Company (Services) (“PICS”). Fussell recovered damages from PICS. The insurer GIO was held liable to indemnify PICS under a Principals Extension to WorkPac’s employer’s indemnity policy. The client was successful. GIO’s appeal was dismissed. Cross appeal by PICS for indemnity for legal costs was dismissed.