SMD Drainage Pty Ltd v Berkley Insurance Company [2018] FCA 380

FEDERAL COURT OF AUSTRALIA

SMD Drainage Pty Ltd v Berkley Insurance Company [2018] FCA 380 File number: VID 1130 of 2017

Judge: ALLSOP CJ

Date of judgment: 20 March 2018

Catchwords: INSURANCE – joinder of additional applicant and respondent – referee for quantum issues

Cases cited: Sheehan v Lloyds Names Munich Re Syndicate Ltd [2017] FCA 1340

Date of hearing: 20 March 2018

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance Insurance List

Category: Catchwords

Number of paragraphs: 10

Counsel for the Applicants: Mr J Richardson

Solicitor for the Applicants: Ligeti Partners Lawyers

Solicitor for the Respondent: Ms S Fountain of DLA Piper

ORDERS VID 1130 of 2017

BETWEEN: SMD DRAINAGE PTY LTD First Applicant

DUVALL PTY LTD ACN 075 806 996 Second Applicant

AND: BERKLEY INSURANCE COMPANY ACN 115 005 788 Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 20 MARCH 2018

THE COURT ORDERS THAT:

1. Pursuant to rule 9.05 of the Federal Court Rules 2011 (Cth), Peatling Group Vic Pty Ltd be joined to the proceeding as an applicant; 2. Pursuant to rule 9.05 of the Federal Court Rules 2011 (Cth), CGU Insurance Limited be joined to the proceeding as a respondent; 3. Costs of the application be costs in the cause of the first and second applicants and first respondent; 4. The applicant serve the originating process and current defence-relevant papers in these proceedings upon CGU as soon as possible, including the terms of this judgment when it is settled and provided to the current applicants; and 5. The parties, including the newly joined parties, be granted leave to apply on three days' notice by contacting my associate if they need to approach the Court for any matter prior the case management hearing of 1 May 2018. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.