Robinson v Vogelsang (No 1) [2015] NSWSC 1670

Robinson v Vogelsang (No 1) [2015] NSWSC 1670

The statutory charge under s 6 only extends to the liability of the person who entered into the contract of insurance (here, Mr Vogelsang). The material tendered does not raise an arguable case of liability against Mr Vogelsang (the insured), but only against Ms Martin, who had benefit under the policy but did not enter into it. As such, the application to join Allianz as a defendant was refused and the notice of motion dismissed.

Jurisdiction
Australia
Judgment Date
03 November 2015
Procedural Posture
Civil / Interlocutory Application for Leave to Join Insurer and Amend Statement of Claim
Outcome
Application to join insurer refused; leave granted to amend statement of claim
Legal Topics
['joinder of Insurers' 'statutory Charge' 'leave to Proceed Against Insurer' 'amendment of Pleadings']
['insurance Law' 'tort Law' 'civil Procedure'] ['joinder of Insurers' 'statutory Charge' 'leave to Proceed Against Insurer' 'amendment of Pleadings']

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Procedural Posture

Civil / Interlocutory Application for Leave to Join Insurer and Amend Statement of Claim

Legal Issues

  1. 1 ['Whether Allianz can be joined as a defendant under s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW)' 'Whether statutory charge under s 6 extends to Ms Martin as a beneficiary but not party to insurance contract' 'Whether there is an arguable case against insured (Mr Vogelsang) and insurer (Allianz)']

Ratio Decidendi

The statutory charge under s 6 only extends to the liability of the person who entered into the contract of insurance (here, Mr Vogelsang). The material tendered does not raise an arguable case of liability against Mr Vogelsang (the insured), but only against Ms Martin, who had benefit under the policy but did not enter into it. As such, the application to join Allianz as a defendant was refused and the notice of motion dismissed.

Court Disposition

Application to join insurer refused; leave granted to amend statement of claim

Orders

  • ["The plaintiff's notice of motion filed 22 October 2015 be dismissed." 'The plaintiff be granted leave to file an amended statement of claim in the form annexed to the affidavit of John Andriano sworn 29 October 2015.']