In the matter of Reed Constructions Australia Pty Ltd (in Liquidation) – Walley v Chubb Insurance Australia Ltd [2019] NSWSC 1007

In the matter of Reed Constructions Australia Pty Ltd (in Liquidation) – Walley v Chubb Insurance Australia Ltd [2019] NSWSC 1007

Application to join Chubb as a defendant was refused as there was no existing dispute between insurer and insured, insurer had responded to claim with ordinary reservations, and the situation was materially the same as previous authority where leave was denied. Utility for joinder was not established.

Jurisdiction
Australia
Judgment Date
08 August 2019
Procedural Posture
Notice of Motion (application for Leave to Join Insurer) in Underlying Equity Proceedings / Ruling on Application to Join Insurer Under Civil Liability (third Party Claims Against Insurers) Act 2017 (nsw)
Outcome
Notice of motion dismissed. Applicants to pay Chubb's costs of notice of motion, enforceable forthwith.
Legal Topics
['insolvent Trading' 'directors & Officers Liability Insurance' 'joinder of Insurer' 'costs Orders']
['corporations Law' 'insurance Law' 'civil Procedure'] ['insolvent Trading' 'directors & Officers Liability Insurance' 'joinder of Insurer' 'costs Orders']

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Procedural Posture

Notice of Motion (application for Leave to Join Insurer) in Underlying Equity Proceedings / Ruling on Application to Join Insurer Under Civil Liability (third Party Claims Against Insurers) Act 2017 (nsw)

Legal Issues

  1. 1 ['Should leave be granted under s 5 Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) to join Chubb Insurance Australia Limited as a defendant?' 'Is there a real dispute between insurer and insured?' 'Should unsuccessful liquidators pay costs of separately represented insurer and insured?']

Ratio Decidendi

Application to join Chubb as a defendant was refused as there was no existing dispute between insurer and insured, insurer had responded to claim with ordinary reservations, and the situation was materially the same as previous authority where leave was denied. Utility for joinder was not established.

Court Disposition

Notice of motion dismissed. Applicants to pay Chubb's costs of notice of motion, enforceable forthwith.

Orders

  • ['Notice of motion filed 11 June 2019 dismissed.' 'Applicants to pay the costs of Chubb Insurance Company of Australia Ltd of the notice of motion filed 11 June 2019, such costs to be enforceable forthwith.']