Keeble v Murray [2014] NSWSC 151

Keeble v Murray [2014] NSWSC 151

There is both an arguable case against the insured (Paul Murray, Murray Family Investments, Chris Behan) and an arguable case that the ACE policy responds to the plaintiff's claim, as the relationship and employment status of the plaintiff on the day of the accident cannot be determined until trial and the exclusion clause in the policy may not preclude indemnity. Leave is granted for ACE Insurance Ltd to be joined as defendant and for the plaintiff to file an amended statement of claim.

Parties
Plaintiff: Kylie Leanne Keeble; First Defendant: Paul Murray; Second Defendant: Murray Family Investments Pty Ltd t/as EB & DE Murray Family Trust; Third Defendant: Chris Behan; Fourth Defendant: Racing NSW; Sixth Defendant: ACE Insurance Ltd
Jurisdiction
Australia
Judgment Date
03 March 2014
Procedural Posture
Interlocutory Application / Application for Leave to Join Insurer as Defendant and to Amend Statement of Claim
Outcome
Leave granted to join ACE Insurance Ltd as the sixth defendant and to file amended statement of claim within 14 days; costs reserved.
Legal Topics
Joinder of Parties, Insurance, Exclusion Clauses, Employment Relationship, Workers Compensation, Contra Proferentem
Practice and Procedure Contracts Interpretation Personal Injury Joinder of Parties Insurance Exclusion Clauses Employment Relationship +2 more

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Parties

Kylie Leanne Keeble

Plaintiff

Paul Murray

First Defendant

Murray Family Investments Pty Ltd t/as EB & DE Murray Family Trust

Second Defendant

Chris Behan

Third Defendant

Racing NSW

Fourth Defendant

ACE Insurance Ltd

Sixth Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether there is an arguable case against the insured defendants
  2. 2 Whether there is an arguable case the ACE policy responds
  3. 3 Whether exclusion clauses in the insurance policy preclude the plaintiff's claim

Ratio Decidendi

There is both an arguable case against the insured (Paul Murray, Murray Family Investments, Chris Behan) and an arguable case that the ACE policy responds to the plaintiff's claim, as the relationship and employment status of the plaintiff on the day of the accident cannot be determined until trial and the exclusion clause in the policy may not preclude indemnity. Leave is granted for ACE Insurance Ltd to be joined as defendant and for the plaintiff to file an amended statement of claim.

Court Disposition

Leave granted to join ACE Insurance Ltd as the sixth defendant and to file amended statement of claim within 14 days; costs reserved.

Orders

  • Leave is granted to the plaintiff to join ACE Insurance Ltd as the sixth defendant to these proceedings.
  • Leave is granted to the plaintiff to file an amended statement of claim within 14 days.