Zivko Dopudj v FDC Construction and Fitout Pty Limited [2022] NSWSC 1564

Zivko Dopudj v FDC Construction and Fitout Pty Limited [2022] NSWSC 1564

The hearing of the joinder application was adjourned because the plaintiff had validly been caught somewhat by surprise by GIO's affidavit material, GIO had not complied with a subpoena for significant underwriting records and had not applied to set it aside, and the interests of justice and the administration of justice required the plaintiff to have an opportunity to enforce compliance and consider any further material, while preserving the existing hearing timetable as far as possible.

Jurisdiction
Australia
Judgment Date
04 November 2022
Procedural Posture
Civil Procedure Application for Joinder of an Insurer as a Defendant Under the Civil Liability (third Party Claims Against Insurers) Act 2017 (nsw) / Hearing of the Application; Adjournment and Further Directions
Outcome
Application adjourned; matter listed for further directions; first and third defendants directed to file any motions to have GIO joined as cross-defendant.
Legal Topics
['joinder of Parties' 'third Party Claims Against Insurers' 'avoidance of Insurance Policy' 'subpoena Compliance' 'case Management']
['civil Procedure' 'insurance'] ['joinder of Parties' 'third Party Claims Against Insurers' 'avoidance of Insurance Policy' 'subpoena Compliance' 'case Management']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Procedure Application for Joinder of an Insurer as a Defendant Under the Civil Liability (third Party Claims Against Insurers) Act 2017 (nsw) / Hearing of the Application; Adjournment and Further Directions

Legal Issues

  1. 1 ["Whether the hearing of the plaintiff's application to join AAI Limited trading as GIO Insurance should be adjourned." "Whether the plaintiff should have an opportunity to enforce compliance with a subpoena for GIO's underwriting records and consider further material in response to GIO's affidavit." 'Whether the first and third defendants should file their own motions if they seek to have GIO joined as a cross-defendant.']

Ratio Decidendi

The hearing of the joinder application was adjourned because the plaintiff had validly been caught somewhat by surprise by GIO's affidavit material, GIO had not complied with a subpoena for significant underwriting records and had not applied to set it aside, and the interests of justice and the administration of justice required the plaintiff to have an opportunity to enforce compliance and consider any further material, while preserving the existing hearing timetable as far as possible.

Court Disposition

Application adjourned; matter listed for further directions; first and third defendants directed to file any motions to have GIO joined as cross-defendant.

Orders

  • ['The hearing of the application is adjourned.' 'List the matter for further directions before the Common Law Case Management Registrar at 9am on 11 November 2022.' 'Direct that the first and third defendants file any motion supported by affidavit upon which they propose to rely to have GIO joined as a cross...