In Rusbridge v Lake Fox Limited [2024] QSC 279, the Supreme Court of Queensland examined a contractual dispute involving a transport services agreement (TSA) between Orica Australia Pty Ltd and Rocky’s Own Transport Co (ROTC). The plaintiff, Robert Clement Rusbridge, who was employed by ROTC, sustained an injury while on Orica’s premises and claimed damages. Orica settled this claim but pursued a third-party claim against ROTC for not providing necessary insurance coverage as mandated by the TSA. The court found that ROTC had breached clause 21.3 of the TSA, which required ROTC to secure insurance naming Orica as an additional insured or extending the insurance benefits to Orica. This breach led to the creation of varying legal responsibilities under the original contract. The court ordered a financial judgment against ROTC on behalf of Orica.
Full text: https://www.sclqld.org.au/caselaw/150681