Simpson v Thorn Australia Pty Ltd trading as Radio Rentals (No 2) [2019] FCA 838

Simpson v Thorn Australia Pty Ltd trading as Radio Rentals (No 2) [2019] FCA 838

On balance, efficiency and avoidance of multiplicity of proceedings favour joinder of James Marshall and AIG Australia Limited, and leave to amend pleadings, despite delay and possible prejudice. Explanation for delay is insufficient but not fatal given timing and circumstances. Insurance dispute is current and relevant; granting leave to bring proceedings against insurer is preferable in present circumstances.

Parties
Applicant: Casey Cheryl Simpson; First Respondent: Thorn Australia Pty Ltd trading as Radio Rentals; Second Respondent: James Marshall; Third Respondent: AIG Australia Limited
Jurisdiction
Australia
Judgment Date
08 May 2019
Procedural Posture
Representative Proceeding / Interlocutory Application for Joinder and Amendment
Outcome
Application granted
Legal Topics
Joinder of Parties, Amendment of Pleadings, Representative Proceedings, Indemnity Insurance, Unfair Contract Terms, Misleading or Deceptive Conduct, Unconscionable Conduct
Practice and Procedure Commercial Law Corporations Law Insurance Law Consumer Protection Joinder of Parties Amendment of Pleadings Representative Proceedings +4 more

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Parties

Casey Cheryl Simpson

Applicant

Thorn Australia Pty Ltd trading as Radio Rentals

First Respondent

James Marshall

Second Respondent

AIG Australia Limited

Third Respondent

Procedural Posture

Representative Proceeding / Interlocutory Application for Joinder and Amendment

Legal Issues

  1. 1 Whether James Marshall and AIG Australia Limited should be joined as respondents
  2. 2 Whether leave should be granted to amend the originating application and statement of claim
  3. 3 Whether leave should be granted to bring or continue proceedings against insurer AIG Australia Limited under the Civil Liability (Third Party Claims Insurers) Act 2017 (NSW)

Ratio Decidendi

On balance, efficiency and avoidance of multiplicity of proceedings favour joinder of James Marshall and AIG Australia Limited, and leave to amend pleadings, despite delay and possible prejudice. Explanation for delay is insufficient but not fatal given timing and circumstances. Insurance dispute is current and relevant; granting leave to bring proceedings against insurer is preferable in present circumstances.

Court Disposition

Application granted

Orders

  • James Marshall and AIG Australia Limited be joined as second and third respondents.
  • Applicant granted leave to bring or continue proceedings against third respondent under s 5 Civil Liability (Third Party Claims Insurers) Act 2017 (NSW).