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No Tortious Duty of Good Faith

Stickley, Amanda P. (2008) No Tortious Duty of Good Faith. The Queensland Lawyer, 28(4), pp. 182-183.

Abstract

In July 2006, District Court Judge Goldring delivered a judgment that caused the insurance industry concern. In Garcia v CGU Workers Compensation Pty Ltd (unreported, NSW D Ct, 14 July 2006) it was held that the insurers had breached a tortious duty of good faith it owed to the respondent by stopping the respondent's weekly workers' compensation payments. It was held that this duty of good faith, a novel tort, existed independently of the legislative workers' compensation scheme.

As expected, the decision was appealed and in CGU Workers Compensation Pty Ltd v Garcia [2007] NSWCA 193 (10 August 2007) the New South Wales Court of Appeal rejected the argument that the insurer owed a duty of good faith to the respondent as a worker entitled to compensation under the statutory scheme.

Impact and interest:

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ID Code: 14819
Item Type: Journal Article
Additional URLs:
Keywords: torts, good faith
ISSN: 0312-1658
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2008 Thomson Legal & Regulatory
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 10 Sep 2008
Last Modified: 09 Jun 2010 23:04

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