Ali v Duffy Kennedy Constructions Pty Ltd [2023] NSWSC 325

Ali v Duffy Kennedy Constructions Pty Ltd [2023] NSWSC 325

Leave was granted because the plaintiff had an arguable personal injury claim against the identified Duffy Kennedy group companies connected with the Palisade Project, Vero insured those companies for the relevant contract works and legal liability, the policy provided indemnity sufficient to cover any possible liability to the plaintiff, and Vero did not establish an entitlement to disclaim liability.

Jurisdiction
Australia
Judgment Date
28 March 2023
Procedural Posture
Civil Procedure; Personal Injury Damages Arising From Workplace Accident / Notice of Motion for Leave to File an Amended Statement of Claim and for Leave Under S 5 of the Civil Liability (third Party Claims Against Insurers) Act 2017 to Proceed and Continue Against the Proposed Second Defendant Insurer
Outcome
Leave granted to amend the statement of claim and to proceed and continue against the proposed second defendant insurer; costs of the motion to be costs in the cause.
Legal Topics
['addition of Defendants' 'amendment of Statement of Claim' 'third Party Claims Against Insurers' 'contract Works and Legal Liability Insurance' 'workplace Accident at Construction Site']
['civil Procedure' 'insurance' 'personal Injury' 'negligence'] ['addition of Defendants' 'amendment of Statement of Claim' 'third Party Claims Against Insurers' 'contract Works and Legal Liability Insurance' 'workplace Accident at Construction Site']

Case Brief

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Procedural Posture

Civil Procedure; Personal Injury Damages Arising From Workplace Accident / Notice of Motion for Leave to File an Amended Statement of Claim and for Leave Under S 5 of the Civil Liability (third Party Claims Against Insurers) Act 2017 to Proceed and Continue Against the Proposed Second Defendant Insurer

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to file an amended statement of claim.' 'Whether the plaintiff should be granted leave pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 to proceed and continue proceedings against AAI Ltd t/as Vero as proposed second defendant.' 'Whether the plaintiff had an arguable claim against companies within the Duffy Kennedy group in respect of the workplace accident at the Palisade Project.' "Whether the relevant Duffy Kennedy group companies were insured persons entitled to indemnity under Vero's Contract Works and Legal Liability Policy."]

Ratio Decidendi

Leave was granted because the plaintiff had an arguable personal injury claim against the identified Duffy Kennedy group companies connected with the Palisade Project, Vero insured those companies for the relevant contract works and legal liability, the policy provided indemnity sufficient to cover any possible liability to the plaintiff, and Vero did not establish an entitlement to disclaim liability.

Court Disposition

Leave granted to amend the statement of claim and to proceed and continue against the proposed second defendant insurer; costs of the motion to be costs in the cause.

Orders

  • ['Make the orders as amended in the Notice of Motion filed 8 November 2022.' 'Order that any Amended Statement of Claim be filed on or before Friday 14 April 2023.' 'Order that any defence be filed on or before 12 May 2023.' 'List the matter for directions before the Registrar on 22 May 2023 at 9am.' 'Order that...