1 Dec 2022
Because the Court of Appeal unanimously held that the High Court judge erred in dismissing OS 466 and that the consequent writ proceedings are a nullity, the High Court must refrain from delivering judgment in the nullified writ action and should make no order as to costs.
30 May 2021
Where the insurer relies on the exception in the insurance policy or on policy construction affecting liability to a passenger, the claimant must institute a separate recovery action under s.96 RTA before the insurer is obliged to indemnify; accordingly insurer not liable to indemnify until claimant files and obtains judgment in recovery action and executions against owner are stayed pending that action.
22 Jul 2020
The originating summons was dismissed because the insurer obtained a declaratory order repudiating the policy before the plaintiff obtained judgment and, until judgment is obtained a third party has no legal interest to be served; where the insurer was not present at the liability trial and there are allegations of fraud that affect enforceability of the policy, the correct remedy is a separate recovery action under s.96(1) with full trial to determine fraud and policy issues rather than enforcing the liability judgment by mere presentation or by originating summons.