AMP FIRE and GENERAL INSURANCE Co Ltd v LEIGHTON CONTRACTORS Pty Ltd [1993] NSWCA 6

AMP FIRE and GENERAL INSURANCE Co Ltd v LEIGHTON CONTRACTORS Pty Ltd [1993] NSWCA 6

Given the terms of the order of reference, the referee has full power to grant an amendment of pleadings and should exercise this power independently, unconstrained by the prior judicial observations or timetable concerns expressed by the Judge in the Commercial Division.

Parties
Claimant: AMP Fire and General Insurance Co Ltd; Opponent: Leighton Contractors Pty Ltd; Defendant: B Henderson Pty Ltd; Defendant: C Heath; Defendant: Kinhill Engineers; Defendant: Defendants 3 to 9
Jurisdiction
Australia
Judgment Date
14 July 1993
Procedural Posture
Application for Leave to Appeal / Interlocutory Orders
Outcome
application dismissed
Legal Topics
Reference to Referee, Amendment of Pleadings, Commercial Arbitration, Scope of Order of Reference
Practice and Procedure Arbitration Reference to Referee Amendment of Pleadings Commercial Arbitration Scope of Order of Reference

Case Brief

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Parties

AMP Fire and General Insurance Co Ltd

Claimant

Leighton Contractors Pty Ltd

Opponent

B Henderson Pty Ltd

Defendant

C Heath

Defendant

Kinhill Engineers

Defendant

Defendants 3 to 9

Defendant

Procedural Posture

Application for Leave to Appeal / Interlocutory Orders

Legal Issues

  1. 1 Whether the referee has power to amend pleadings under terms of order of reference
  2. 2 Whether referee is bound by observations of the referring Judge regarding timetable or construction of insurance policies

Ratio Decidendi

Given the terms of the order of reference, the referee has full power to grant an amendment of pleadings and should exercise this power independently, unconstrained by the prior judicial observations or timetable concerns expressed by the Judge in the Commercial Division.

Court Disposition

application dismissed

Orders

  • Summons for leave to appeal dismissed
  • The claimant to pay the costs of the opponent