Emanoil Alexiou v Chain & Power International Pty Limited & Ors [2010] NSWSC 1002

Emanoil Alexiou v Chain & Power International Pty Limited & Ors [2010] NSWSC 1002

The affidavit material demonstrated that The Hollard Insurance Company Pty Limited was an insurer of Chain & Power International Pty Limited at the relevant time, and no evidence was filed or served in opposition. Leave under s 6(4) was therefore granted. Because it was necessary for the applicant to seek the Court's leave and there were no facts, matters or circumstances justifying departure from the usual practice, the costs of the motion were ordered to be costs in the cause.

Jurisdiction
Australia
Judgment Date
01 September 2010
Procedural Posture
Notice of Motion for Leave Pursuant to S 6(4) of the Law Reform (miscellaneous Provisions) Act 1946 to Commence Proceedings Against an Insurer / Ex Tempore Judgment on Motion
Outcome
Leave granted to commence proceedings against the insurer. Costs of the motion ordered to be costs in the cause.
Legal Topics
['leave to Commence Proceedings Against Insurer' 'charge on Insurance Moneys' 'cross Claim Against Insurer' 'costs in the Cause' 'external Administration']
['practice and Procedure' 'costs' 'insurance'] ['leave to Commence Proceedings Against Insurer' 'charge on Insurance Moneys' 'cross Claim Against Insurer' 'costs in the Cause' 'external Administration']

Case Brief

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Procedural Posture

Notice of Motion for Leave Pursuant to S 6(4) of the Law Reform (miscellaneous Provisions) Act 1946 to Commence Proceedings Against an Insurer / Ex Tempore Judgment on Motion

Legal Issues

  1. 1 ['Whether Fullers Mobile Cranes Pty Limited should be granted leave pursuant to s 6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 to commence proceedings against The Hollard Insurance Company Pty Limited.' 'Whether the applicant should have its costs of the motion or whether the costs should be costs in the cause.']

Ratio Decidendi

The affidavit material demonstrated that The Hollard Insurance Company Pty Limited was an insurer of Chain & Power International Pty Limited at the relevant time, and no evidence was filed or served in opposition. Leave under s 6(4) was therefore granted. Because it was necessary for the applicant to seek the Court's leave and there were no facts, matters or circumstances justifying departure from the usual practice, the costs of the motion were ordered to be costs in the cause.

Court Disposition

Leave granted to commence proceedings against the insurer. Costs of the motion ordered to be costs in the cause.

Orders

  • ['The third defendant, Fullers Mobile Cranes Pty Limited, has leave pursuant to s 6(4) of the Law Reform Miscellaneous Provisions Act 1946 to commence proceedings against The Hollard Insurance Company Pty Limited.' 'The third defendant is to file and serve any cross-claim against The Hollard Insurance Company Pty...