Peter Neville Crowe v Amaca Pty Limited & Ors [2019] NSWDDT 1

Peter Neville Crowe v Amaca Pty Limited & Ors [2019] NSWDDT 1

Given the arguability of the plaintiff's deemed worker status and competing evidence, the appropriate course is to permit Amaca to file an amended cross-claim joining WCNI, leaving definitive factual findings to the trial judge.

Jurisdiction
Australia
Judgment Date
05 March 2019
Procedural Posture
Application for Leave to Proceed Against an Employer's Insurer and Cross Claim Amendment / Interlocutory Motion Before Trial
Outcome
Leave granted to defendant/cross-claimant to amend cross-claim and to commence cross-claim against proposed cross-defendant insurer. Costs of applicant/cross-defendant in the cause.
Legal Topics
["leave to Proceed Against Employer's Insurer" 'joinder of Cross Defendant' 'deemed Worker Status Under Workplace Injury Management and Workers Compensation Act 1988']
['insurance Law' 'civil Procedure' 'workplace Injury'] ["leave to Proceed Against Employer's Insurer" 'joinder of Cross Defendant' 'deemed Worker Status Under Workplace Injury Management and Workers Compensation Act 1988']

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Procedural Posture

Application for Leave to Proceed Against an Employer's Insurer and Cross Claim Amendment / Interlocutory Motion Before Trial

Legal Issues

  1. 1 ['Whether leave should be granted to Amaca Pty Limited to join Workers Compensation Nominal Insurer as cross-defendant' 'Whether plaintiff was a deemed worker under Schedule 1 Clause 2 of the Workplace Injury Management and Workers Compensation Act 1988']

Ratio Decidendi

Given the arguability of the plaintiff's deemed worker status and competing evidence, the appropriate course is to permit Amaca to file an amended cross-claim joining WCNI, leaving definitive factual findings to the trial judge.

Court Disposition

Leave granted to defendant/cross-claimant to amend cross-claim and to commence cross-claim against proposed cross-defendant insurer. Costs of applicant/cross-defendant in the cause.

Orders

  • ['Leave granted pursuant to Regulation 19.1 of the Uniform Civil Procedure Rules 2005 to Amaca Pty Limited to file an Amended Statement of Cross-Claim.' 'Leave granted pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 NSW to Amaca Pty Limited to commence proceedings by filing a...