Redwood v Taylor [2003] NSWSC 229

Redwood v Taylor [2003] NSWSC 229

Leave to proceed against National Transport Insurance Limited was refused because the defendant's business was heavy towing and salvage, not the business of a cartage contractor engaged in the transport of goods described in the public liability policy, and the policy extension concerning repairs and maintenance related to the insured's premises rather than to work on vehicles there. The policy therefore did not indemnify the defendant against the alleged liability, so there could be no charge on insurance moneys payable in respect of that liability. In any event, the evidence did not satisfy the court that discretionary relief should be granted, including because the plaintiff had not...

Jurisdiction
Australia
Judgment Date
31 March 2003
Procedural Posture
Personal Injury Damages Proceeding With Application Under S 6(4) of the Law Reform (miscellaneous Provisions) Act 1946 for Leave to Proceed Against Insurers / Hearing of Notice of Motion Seeking to Add Insurers and Obtain Leave to File an Amended Statement of Claim
Outcome
The application brought against National Transport Insurance Limited was dismissed.
Legal Topics
['charge on Insurance Moneys' 'leave to Sue Insurer' 'public Liability Insurance' 'policy Indemnity' 'exclusion Clauses' 'viability of Insured Defendant']
['insurance Law' 'personal Injury' 'civil Procedure' 'workers Compensation'] ['charge on Insurance Moneys' 'leave to Sue Insurer' 'public Liability Insurance' 'policy Indemnity' 'exclusion Clauses' 'viability of Insured Defendant']

Case Brief

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Procedural Posture

Personal Injury Damages Proceeding With Application Under S 6(4) of the Law Reform (miscellaneous Provisions) Act 1946 for Leave to Proceed Against Insurers / Hearing of Notice of Motion Seeking to Add Insurers and Obtain Leave to File an Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the public liability policy issued by National Transport Insurance Limited indemnified Brian Taylor against the alleged liability to the plaintiff.' 'Whether there was a charge on insurance moneys under s 6 of the Law Reform (Miscellaneous Provisions) Act 1946.' 'Whether leave should be granted under s 6(4) to bring an action against National Transport Insurance Limited.' 'Whether policy exclusions for employees, sub-contractors, workers compensation or industrial awards applied.' 'Whether discretionary considerations, including the viability of the defendant, supported refusing leave.']

Ratio Decidendi

Leave to proceed against National Transport Insurance Limited was refused because the defendant's business was heavy towing and salvage, not the business of a cartage contractor engaged in the transport of goods described in the public liability policy, and the policy extension concerning repairs and maintenance related to the insured's premises rather than to work on vehicles there. The policy therefore did not indemnify the defendant against the alleged liability, so there could be no charge on insurance moneys payable in respect of that liability. In any event, the evidence did not satisfy the court that discretionary relief should be granted, including because the plaintiff had not...

Court Disposition

The application brought against National Transport Insurance Limited was dismissed.

Orders

  • ["Consent orders were made giving leave to the plaintiff to bring an action against CGU Workers' Compensation (NSW) Limited, with no concession as to liability to indemnify." 'The application brought against National Transport Insurance Limited is dismissed.' 'The plaintiff is to pay the costs of that application.'...