Hall v Adventure Training Systems Pty Limited & Anor [2005] NSWSC 1079

Hall v Adventure Training Systems Pty Limited & Anor [2005] NSWSC 1079

It is arguable that the liability alleged against the first defendant arises out of its business as described in the policy, and there is a triable issue whether the professional advice exclusion applies. Leave is accordingly granted to join the insurer.

Jurisdiction
Australia
Judgment Date
28 October 2005
Procedural Posture
Interlocutory Application / Leave to Join Insurer as Defendant Under S6 Law Reform (miscellaneous Provisions) Act 1946
Outcome
Leave granted to join insurer as defendant.
Legal Topics
['joining Insurer as Defendant' 'indemnity Under Policy' 'professional Advice Exclusion' 'interpretation of Insurance Policy']
['insurance Law'] ['joining Insurer as Defendant' 'indemnity Under Policy' 'professional Advice Exclusion' 'interpretation of Insurance Policy']

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Procedural Posture

Interlocutory Application / Leave to Join Insurer as Defendant Under S6 Law Reform (miscellaneous Provisions) Act 1946

Legal Issues

  1. 1 ['Whether liability of first defendant is covered by insurance policy' 'Whether professional advice exclusion applies to the claim']

Ratio Decidendi

It is arguable that the liability alleged against the first defendant arises out of its business as described in the policy, and there is a triable issue whether the professional advice exclusion applies. Leave is accordingly granted to join the insurer.

Court Disposition

Leave granted to join insurer as defendant.

Orders

  • ['Pursuant to s6 of the Law Reform (Miscellaneous Provisions) Act 1946, leave granted to plaintiff to join QBE Insurance Limited as defendant.' 'Question of costs reserved.' "Liberty to approach court on two days' notice for argument on costs if agreement not reached."]