Corrigan v Richard Crookes Constructions Pty Ltd [2020] NSWSC 237

Corrigan v Richard Crookes Constructions Pty Ltd [2020] NSWSC 237

The first defendant established an arguable basis that it might be entitled to indemnity under the CGU policy, had not been afforded indemnity by another insurer, and CGU had been on notice of the claim since at least September 2019. The Court was not persuaded that joinder was likely to cause loss of the hearing date, so leave to file and serve a cross-claim against CGU was granted, with directions addressing the imminent mediation and costs.

Jurisdiction
Australia
Judgment Date
11 March 2020
Procedural Posture
Civil Procedure Motion for Leave to File and Serve a Cross Claim Against an Insurer / Interlocutory Motion Before Listed Mediation and Hearing
Outcome
The first defendant was granted leave to file and serve a cross-claim against CGU Insurance Limited, directions were made concerning mediation, and the first defendant was ordered to pay the plaintiff's and second defendant's costs of the motion.
Legal Topics
['cross Claims Against Third Parties' 'joinder of Insurer' 'contribution or Indemnity' 'public and Products Liability Insurance' 'case Management' 'mediation' 'costs']
['civil Procedure' 'insurance' 'personal Injury'] ['cross Claims Against Third Parties' 'joinder of Insurer' 'contribution or Indemnity' 'public and Products Liability Insurance' 'case Management' 'mediation' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil Procedure Motion for Leave to File and Serve a Cross Claim Against an Insurer / Interlocutory Motion Before Listed Mediation and Hearing

Legal Issues

  1. 1 ['Whether the first defendant should be granted leave pursuant to s 22 of the Civil Procedure Act 2005 (NSW) to file and serve a cross-claim against CGU Insurance Limited.' 'Whether the late joinder of CGU Insurance Limited should affect the existing mediation date or the listed hearing date.' 'What costs orders should be made on the motion.']

Ratio Decidendi

The first defendant established an arguable basis that it might be entitled to indemnity under the CGU policy, had not been afforded indemnity by another insurer, and CGU had been on notice of the claim since at least September 2019. The Court was not persuaded that joinder was likely to cause loss of the hearing date, so leave to file and serve a cross-claim against CGU was granted, with directions addressing the imminent mediation and costs.

Court Disposition

The first defendant was granted leave to file and serve a cross-claim against CGU Insurance Limited, directions were made concerning mediation, and the first defendant was ordered to pay the plaintiff's and second defendant's costs of the motion.

Orders

  • ['The first defendant is granted leave, pursuant to s 22 of the Civil Procedure Act 2005 (NSW), to file and serve a cross-claim against CGU Insurance Limited.' "The first defendant inform the other parties whether it is the first defendant's position that it is ready and willing to proceed with the mediation in good...