Dominion WFS Pty Limited -v- Rex John Phillpott [2016] NSWSC 478

Dominion WFS Pty Limited -v- Rex John Phillpott [2016] NSWSC 478

Leave to join Ace Insurance Limited as third defendant is granted because, although the current pleading requires amendment, the plaintiffs' case is not hopeless and there is sufficient material to establish a possible case against Ace Insurance Limited.

Jurisdiction
Australia
Judgment Date
16 March 2016
Procedural Posture
Equity Commercial List / Motion for Leave to Join Third Defendant
Outcome
Leave to join Ace Insurance Limited as third defendant granted; costs partially awarded to proposed third defendant.
Legal Topics
['joinder of Parties' 'pleading Requirements' 'limitation of Actions']
['practice and Procedure'] ['joinder of Parties' 'pleading Requirements' 'limitation of Actions']

Case Brief

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Procedural Posture

Equity Commercial List / Motion for Leave to Join Third Defendant

Legal Issues

  1. 1 ['Whether leave should be granted to join Ace Insurance Limited as third defendant' 'Whether the pleadings disclose a cognisable case against the insured and Ace Insurance Limited' "Whether plaintiffs' claims are statute barred" 'Whether plaintiffs suffered a demonstrable loss']

Ratio Decidendi

Leave to join Ace Insurance Limited as third defendant is granted because, although the current pleading requires amendment, the plaintiffs' case is not hopeless and there is sufficient material to establish a possible case against Ace Insurance Limited.

Court Disposition

Leave to join Ace Insurance Limited as third defendant granted; costs partially awarded to proposed third defendant.

Orders

  • ['Leave granted to the plaintiff to join Ace Insurance Limited as third defendant.' 'Plaintiff to file and serve Amended Commercial List Statement.' "Plaintiff to pay two thirds of Ace Insurance Limited's costs of the Motion, such costs not to be assessed or payable until conclusion of proceedings."]