2 Feb 2012
CHOW & Anor V THOMSON & Anor HC CIV-2009-404-4765
- Citation
- openlaw-cd818771_fd59_437b_83c2_3d223f534221.pdf
- Court
- High Court
Leave to proceed directly against IAG under s9 was refused because the applicant failed to establish there was no perfectly good common law defendant: available financial evidence showed Good Bros had surplus assets (approx $400,000) and appeared able and willing to pursue its indemnity, so joinder was unnecessary; consequently the application was dismissed.