Damm v Coastwide Site Services Pty Ltd [2018] NSWSC 611

Damm v Coastwide Site Services Pty Ltd [2018] NSWSC 611

Given the insurers' consent to joinder and the absence of a present basis to refuse leave under s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), leave should be granted to the plaintiff to join Tokio Marine Kiln Syndicates and QBE Underwriting Limited as defendants. The application to reinstate the deregistered company should be deferred until the question of indemnity is determined.

Jurisdiction
Australia
Judgment Date
27 April 2018
Procedural Posture
Civil Liability / Interlocutory Ruling on Joinder and Reinstatement
Outcome
Plaintiff granted leave to join insurers as defendants; proceedings stood over for further consideration on potential reinstatement of company, pending insurers’ response on indemnity; orders on costs reserved.
Legal Topics
['third Party Proceedings' 'deregistration and Reinstatement of Companies' 'joinder of Insurers' 'security for Costs']
['civil Procedure' 'insurance Law'] ['third Party Proceedings' 'deregistration and Reinstatement of Companies' 'joinder of Insurers' 'security for Costs']

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Procedural Posture

Civil Liability / Interlocutory Ruling on Joinder and Reinstatement

Legal Issues

  1. 1 ['Whether leave should be granted to join insurers as defendants under s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW)' "Whether the deregistered company (Hauv's Rigging Pty Limited) should be reinstated to the register pursuant to s 601AH(2) of the Corporations Act 2001 (Cth)" "Appropriateness of deferring the reinstatement application pending insurers' position on indemnity"]

Ratio Decidendi

Given the insurers' consent to joinder and the absence of a present basis to refuse leave under s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), leave should be granted to the plaintiff to join Tokio Marine Kiln Syndicates and QBE Underwriting Limited as defendants. The application to reinstate the deregistered company should be deferred until the question of indemnity is determined.

Court Disposition

Plaintiff granted leave to join insurers as defendants; proceedings stood over for further consideration on potential reinstatement of company, pending insurers’ response on indemnity; orders on costs reserved.

Orders

  • ['Leave granted to the plaintiff to join Tokio Marine Kiln Syndicates and QBE Underwriting Limited as defendants in the proceedings pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act.' 'Leave granted to the plaintiff to file a third further amended statement of claim joining those...