Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cadoroll Pty Ltd v Allegra Corp Ltd [1999] FCA 1063
PRACTICE AND PROCEDURE – motion seeking leave to join insurers – limitation and liability issues in respect of substantive case – also coverage of insurance policy – arguable case on all issues – whether complex matters are capable of final decision in a summary interlocutory proceeding Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Trade Practices Act 1974 (Cth) Fair Trading Act 1987 (NSW)
Halford v Price [1960] 105 CLR 23 Darlington Futures Ltd v Delco Australia Pty Ltd [1986] 161 CLR 500 Wardley Australia & Anor v Western Australia [1992] 175 CLR 514 Kinzett v McCourt [1999] ANZ InsCas 61-427 Grimson v Aviation & General (Underwriting) Agents Pty Ltd [1991] 25 NSWLR 422 NSW Medical Defence Union Limited v Crawford [1993] 31 NSWLR 469 Gilmore v AMP General Insurance Co Ltd [1996] 67 SASR 387 CADOROLL PTY LIMITED & ORS V ALLEGRA CORPORATION LTD & ORS AG 29 OF 1992
THE HON JUSTICE MARCUS EINFELD AO SYDNEY 5 AUGUST 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY AG 29 OF 1992
BETWEEN: CADOROLL PTY LIMITED & ORS
Applicants
AND: ALLEGRA CORPORATION LIMITED & ORS
Respondents
JUDGE: THE HON JUSTICE MARCUS EINFELD AO
DATE OF ORDER: 5 AUGUST 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the applicants have leave to commence proceedings against C.E. Heath Casualty & General Insurance Limited and AMP Fire & General Insurance Co Ltd 2. costs of the amended application for leave be reserved 3. there be liberty to apply on 3 days notice
THE COURT DIRECTS THAT:
4. the parties bring in short minutes of directions for the incorporation of the two new respondents into the pre-trial preparation by not later than 4 pm on Tuesday 10 August 1999
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