Cheng Nian Zhang v Vlado Popovic [2010] NSWSC 1019

Cheng Nian Zhang v Vlado Popovic [2010] NSWSC 1019

Leave to join the insurer as sixth defendant was granted because the question of whether the relevant exclusion clause in the insurance policy precluded indemnity was arguable and required determination at trial, not on the interlocutory application. Leave to amend the third defendant's name and to proceed against it in liquidation was also granted as there was a genuine mistake regarding the name and no resulting prejudice, and it was appropriate within the meaning of s 471B of the Corporations Act 2001.

Parties
Plaintiff: Cheng Nian Zhang; First Defendant: Vlado Popovic; Second Defendant: Calabro Real Estate Pty Limited; Third Defendant: Interfreight (Aust) Pty Ltd; Fourth Defendant: Popovic Haulage Pty Limited; Fifth Defendant: Insurance Australia Limited trading as NRMA Insurance; Sixth Defendant: National Transport Insurance by its manager NTI Limited
Jurisdiction
Australia
Judgment Date
14 September 2010
Procedural Posture
Civil / Interlocutory (leave to Amend, Join Defendant, Proceed Against Company in Liquidation)
Outcome
Applications granted
Legal Topics
Leave to Amend Statement of Claim, Joinder of Insurer, Change of Party Name, Leave to Proceed Against Company in Liquidation
Civil Procedure Insurance Law Tort Law Corporations Law Leave to Amend Statement of Claim Joinder of Insurer Change of Party Name Leave to Proceed Against Company in Liquidation

Case Brief

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Parties

Cheng Nian Zhang

Plaintiff

Vlado Popovic

First Defendant

Calabro Real Estate Pty Limited

Second Defendant

Interfreight (Aust) Pty Ltd

Third Defendant

Popovic Haulage Pty Limited

Fourth Defendant

Insurance Australia Limited trading as NRMA Insurance

Fifth Defendant

National Transport Insurance by its manager NTI Limited

Sixth Defendant

Procedural Posture

Civil / Interlocutory (leave to Amend, Join Defendant, Proceed Against Company in Liquidation)

Legal Issues

  1. 1 Whether leave should be granted to join the insurer as a defendant pursuant to s 6(4) of the Law Reform (Miscellaneous Provisions) Act 1946
  2. 2 Whether leave should be granted to change the name of the third defendant
  3. 3 Whether leave should be granted to proceed against the third defendant under s 471B of the Corporations Act 2001

Ratio Decidendi

Leave to join the insurer as sixth defendant was granted because the question of whether the relevant exclusion clause in the insurance policy precluded indemnity was arguable and required determination at trial, not on the interlocutory application. Leave to amend the third defendant's name and to proceed against it in liquidation was also granted as there was a genuine mistake regarding the name and no resulting prejudice, and it was appropriate within the meaning of s 471B of the Corporations Act 2001.

Court Disposition

Applications granted

Orders

  • Leave to join National Transport Insurance by its manager NTI Limited as sixth defendant pursuant to s 6(4) of the Law Reform (Miscellaneous Provisions) Act 1946.
  • Leave to change the name of the third defendant from Interfreight Transport Pty Ltd to Interfreight (Aust) Pty Ltd.