Giabal Pty Ltd v Gunns Plantations Ltd (In Liquidation) [2020] NSWSC 1070

Giabal Pty Ltd v Gunns Plantations Ltd (In Liquidation) [2020] NSWSC 1070

The insurers have not demonstrated they are entitled to disclaim liability for all claims under the policy exclusions, as at least some claims in the proceedings do not fall within the exclusions. Leave to join the insurers and proceed against them is granted.

Parties
First Plaintiff: Giabal Pty Ltd; Second Plaintiff: Geoffry Edward Underwood; Third Defendant: Wayne Leonard Chapman; Fourth Defendant: Robert Watson and Erica Gay as the legal personal representatives for the estate of the late John Eugene Gay; Fifth Defendant: Rodney John Loone; Sixth Defendant: Leslie Ralph Baker; Seventh Defendant: Robert Henry Graham; Eighth Defendant: Robin Gray; Ninth Defendant: Paul Desmond Teisseire; Tenth Defendant: Andrew Gray (KPMG Partner); Eleventh Defendant: Mathew Gary Wallace; Twelfth Defendant: Catlin Australia Pty Ltd ACN 308 319 786; Thirteenth Defendant: Chubb Insurance Australia Limited ABN 23 001 642 020
Jurisdiction
Australia
Judgment Date
14 August 2020
Procedural Posture
Notice of Motion Application for Joinder and Leave / Interlocutory (ruling on Joinder and Leave to Proceed Against Insurers)
Outcome
Leave to join insurers as defendants and proceed against them granted; costs orders made.
Legal Topics
Application for Leave to Join Insurer, Interpretation of Exclusions in Insurance Policy, Civil Liability (third Party Claims Against Insurers) Act 2017 (nsw), Uniform Civil Procedure Rules 2005 (nsw)
Procedure Insurance Law Application for Leave to Join Insurer Interpretation of Exclusions in Insurance Policy Civil Liability (third Party Claims Against Insurers) Act 2017 (nsw) Uniform Civil Procedure Rules 2005 (nsw)

Case Brief

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Parties

Giabal Pty Ltd

First Plaintiff

Geoffry Edward Underwood

Second Plaintiff

Wayne Leonard Chapman

Third Defendant

Robert Watson and Erica Gay as the legal personal representatives for the estate of the late John Eugene Gay

Fourth Defendant

Rodney John Loone

Fifth Defendant

Leslie Ralph Baker

Sixth Defendant

Robert Henry Graham

Seventh Defendant

Robin Gray

Eighth Defendant

Paul Desmond Teisseire

Ninth Defendant

Andrew Gray (KPMG Partner)

Tenth Defendant

Mathew Gary Wallace

Eleventh Defendant

Catlin Australia Pty Ltd ACN 308 319 786

Twelfth Defendant

Chubb Insurance Australia Limited ABN 23 001 642 020

Thirteenth Defendant

Procedural Posture

Notice of Motion Application for Joinder and Leave / Interlocutory (ruling on Joinder and Leave to Proceed Against Insurers)

Legal Issues

  1. 1 Whether insurers are entitled to disclaim liability for claims under conflict of interest or lenders liability exclusions in the insurance policy
  2. 2 Whether the exclusions apply to all or only part of the claims
  3. 3 Whether leave should be granted to continue proceedings against the insurers under s 5 of Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW)

Ratio Decidendi

The insurers have not demonstrated they are entitled to disclaim liability for all claims under the policy exclusions, as at least some claims in the proceedings do not fall within the exclusions. Leave to join the insurers and proceed against them is granted.

Court Disposition

Leave to join insurers as defendants and proceed against them granted; costs orders made.

Orders

  • Catlin Australia Pty Ltd be joined as Twelfth Defendant.
  • Chubb Insurance Australia Limited be joined as Thirteenth Defendant.