CAIRNS v CONNOLLY KEY JOINT PTY LTD [2025] NSWDC 38

CAIRNS v CONNOLLY KEY JOINT PTY LTD [2025] NSWDC 38

The plaintiff has an arguable case against the insured; the insurer concedes its policy responds; and evidence shows the original defendant is deregistered, supporting a real possibility the insured cannot meet judgment. No discretionary factors weigh against granting leave. Leave is therefore granted to join the insurer as defendant and to file an amended statement of claim.

Parties
Plaintiff: Damian Cairns; Proposed Defendant: Insurance Australia Limited trading as CGU Insurance
Jurisdiction
Australia
Judgment Date
12 February 2025
Procedural Posture
Civil / Interlocutory Application
Outcome
Leave granted to join insurer as defendant and to file amended statement of claim. Costs are costs in the cause.
Legal Topics
Leave to Join Insurer as Defendant
Practice and Procedure Leave to Join Insurer as Defendant

Case Brief

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Parties

Damian Cairns

Plaintiff

Insurance Australia Limited trading as CGU Insurance

Proposed Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted to the plaintiff to join Insurance Australia Limited trading as CGU Insurance as a defendant under s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW)

Ratio Decidendi

The plaintiff has an arguable case against the insured; the insurer concedes its policy responds; and evidence shows the original defendant is deregistered, supporting a real possibility the insured cannot meet judgment. No discretionary factors weigh against granting leave. Leave is therefore granted to join the insurer as defendant and to file an amended statement of claim.

Court Disposition

Leave granted to join insurer as defendant and to file amended statement of claim. Costs are costs in the cause.

Orders

  • Leave is granted to the plaintiff to file in court an Amended Notice of Motion dated 11 February 2025.
  • Pursuant to section 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), leave is granted to the plaintiff to join as defendant Insurance Australia Limited trading as CGU Insurance.