Williamson v Sydney Olympic Park Authority [2021] NSWSC 1548

Williamson v Sydney Olympic Park Authority [2021] NSWSC 1548

Because WSP's pleaded case raised a factual question about whether Liberty had indemnified Icon or would be liable to indemnify Icon even if Icon recovered its whole loss from WSP, the documents concerning Liberty's indemnity position were relevant. The Court declined to resolve the substantive subrogation/accounting issue on the discovery application, and WSP was entitled to investigate the circumstances of any indemnity.

Jurisdiction
Australia
Judgment Date
26 November 2021
Procedural Posture
Civil Procedure — Discovery / Notice of Motion Filed 10 November 2021 Seeking Discovery
Outcome
WSP's notice of motion for discovery was granted.
Legal Topics
['discovery' 'third Party Liability Insurance' 'indemnity' 'subrogation' 'co Insureds']
['civil Procedure' 'insurance'] ['discovery' 'third Party Liability Insurance' 'indemnity' 'subrogation' 'co Insureds']

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Procedural Posture

Civil Procedure — Discovery / Notice of Motion Filed 10 November 2021 Seeking Discovery

Legal Issues

  1. 1 ["Whether Icon should give discovery of documents concerning Liberty's position on indemnity under the Third Party Liability Policy for claims concerning damage to Opal Tower." "Whether the documents sought were relevant to WSP's pleaded case that Icon and WSP were co-insureds and that any indemnity by Liberty affected Icon's recovery against WSP."]

Ratio Decidendi

Because WSP's pleaded case raised a factual question about whether Liberty had indemnified Icon or would be liable to indemnify Icon even if Icon recovered its whole loss from WSP, the documents concerning Liberty's indemnity position were relevant. The Court declined to resolve the substantive subrogation/accounting issue on the discovery application, and WSP was entitled to investigate the circumstances of any indemnity.

Court Disposition

WSP's notice of motion for discovery was granted.

Orders

  • ["Orders in terms of paragraphs 1 and 2 of WSP Structures Pty Limited's notice of motion filed 10 November 2021." "Icon Co (NSW) Pty Ltd give discovery of documentation and file notes concerning Liberty's position on indemnity under the Third Party Liability Policy in relation to claims concerning damage to Opal...