Vendiovski v Renisso P/L [2002] NSWSC 685

Meriton has an arguable case for indemnity under the insurance policy; GIO will not suffer significant prejudice as a result of the delay; and all cross claim issues should be determined together in the interests of justice and efficiency. Therefore, leave to file a cross claim against GIO is granted.

Jurisdiction: Australia
Judgment Date: 07 August 2002
Procedural Posture: Motion for Leave to File Cross Claim / Interlocutory
Outcome: Leave granted to Meriton to file cross claim against GIO; costs in the cause.
Legal Topics: ['leave to File Cross Claim' 'third Party Claims' 'contribution and Indemnity' 'privity of Contract in Insurance' 'separation of Issues']

['insurance Law' 'civil Procedure'] ['leave to File Cross Claim' 'third Party Claims' 'contribution and Indemnity' 'privity of Contract in Insurance' 'separation of Issues']

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Procedural Posture

Motion for Leave to File Cross Claim / Interlocutory

Legal Issues

1 ['Whether Meriton should be granted leave to file a cross claim against GIO General Limited.' "Whether Meriton has an arguable case for indemnity under GIO's insurance policy for Dynamic." 'Whether GIO would suffer prejudice by the filing of the cross claim.' 'Whether the insurance issue should be determined separately or within the existing proceedings.']

Ratio Decidendi

Court Disposition

Leave granted to Meriton to file cross claim against GIO; costs in the cause.

Orders

['Meriton is to file a cross claim against GIO within 14 days.' 'Costs are costs in the cause.']