Lendlease Building Contractors Pty Ltd v Insurance Australia Limited [2018] NSWSC 1595

Lendlease Building Contractors Pty Ltd v Insurance Australia Limited [2018] NSWSC 1595

The Project Company (BBGI 2 and BBPI) are not necessary parties if they are fully informed, agree to be bound, and are served the required documents; similarly, reference to BRE can be removed, and joinder dispensed with for both. The Builders may proceed on this basis, and if the required consent affidavit is not filed, joinder must occur.

Jurisdiction
Australia
Judgment Date
23 October 2018
Procedural Posture
Declaratory Relief and Rectification Claim in Insurance/commercial Dispute / Interlocutory Application—joinder of Parties, Leave to Serve, Consequential Orders
Outcome
Leave to serve affidavit from non-party agreeing to be bound by judgment and remove reference to BRE from the pleading, with provision for joinder only if affidavit not filed; consequential directions made.
Legal Topics
['joinder of Parties' 'rectification' 'declaratory Relief' 'necessary and Proper Parties']
['civil Procedure' 'insurance Law' 'equity'] ['joinder of Parties' 'rectification' 'declaratory Relief' 'necessary and Proper Parties']

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Procedural Posture

Declaratory Relief and Rectification Claim in Insurance/commercial Dispute / Interlocutory Application—joinder of Parties, Leave to Serve, Consequential Orders

Legal Issues

  1. 1 ['Whether BBGI Sentinel 2 Pty Ltd, BBPI Sentinel Pty Ltd, and BRE Asset Management Pty Ltd are necessary parties to the proceedings' 'Whether joinder of these parties is required for the court to grant rectification or declaratory relief' 'Whether it is appropriate to order rectification in the absence of joining all parties to the insurance policy']

Ratio Decidendi

The Project Company (BBGI 2 and BBPI) are not necessary parties if they are fully informed, agree to be bound, and are served the required documents; similarly, reference to BRE can be removed, and joinder dispensed with for both. The Builders may proceed on this basis, and if the required consent affidavit is not filed, joinder must occur.

Court Disposition

Leave to serve affidavit from non-party agreeing to be bound by judgment and remove reference to BRE from the pleading, with provision for joinder only if affidavit not filed; consequential directions made.

Orders

  • ['Direct the Plaintiffs to serve on BBGI Sentinel 2 Pty Ltd and BBPI Sentinel Pty Ltd by 30 October 2018 the pleadings, amended Motion, and this judgment.' 'Grant leave to file and serve by 6 November 2018 an affidavit from an authorised representative of BBGI Sentinel 2 Pty Ltd and BBPI Sentinel Pty Ltd agreeing to...