19 Nov 2008
Under s43(3) EOC the insurer (Wing Lung) must be added and is entitled to defend because its funds are at risk and joinder will not necessarily amount to approbation of the policy where the insurer relies on contractual terms to deny liability; no substantive delay to the plaintiff was shown, so joinder is justified.
13 Jan 1993
Although an insurer joined under s.43(3) generally has the same rights as the employer to defend, a prior default judgment on liability entered against the employer constrains the insurer's rights in the same proceedings; where judgment on liability stands unchallenged, the insurer joined after that judgment is limited to participating in assessment of compensation. In this case Pearl is therefore limited to assessment of compensation.
11 Oct 1976
Appeal allowed and Registrar's order joining insurer set aside because the insurer, having notice of the proceedings, could and should have exercised its contractual right to defend in the insured's name; it was not necessary under Order 15 r.6(2)(b)(i) and not appropriate under r.6(2)(b)(ii) as any indemnity dispute was subject to arbitration and there was no present justiciable issue between insurer and insured.