Giabal Pty Ltd v Gunns Plantations Ltd (In Liquidation) [2020] NSWSC 1070

Supreme Court New South Wales

Medium Neutral Citation: Giabal Pty Ltd v Gunns Plantations Ltd (In Liquidation) [2020] NSWSC 1070 Hearing dates: 7 August 2020 Decision date: 14 August 2020 Jurisdiction: Equity - Commercial List Before: Ball J Decision: 1 Pursuant to r 19.2 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), Catlin Australia Pty Ltd ACN 308 319 786 be joined to the proceeding as the Twelfth Defendant. 2 Pursuant to r 19.2 of the UCPR, Chubb Insurance Australia Limited ABN 23 001 642 020 be joined to the proceedings as the Thirteenth Defendant. 3 Pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), the Plaintiffs have leave to continue the proceeding against the Twelfth and Thirteen Defendants. 4 The Plaintiffs have leave to file and serve a Second Further Amended Summons and a Further Amended Commercial List Statement in the form of schedule A and schedule B respectively to the Notice of Motion dated 1 July 2020 (Motion). 5 The Twelfth Defendant and Thirteenth Defendant pay the Plaintiffs' costs of paragraphs 1, 2 and 3 of the Motion. 6 The Plaintiffs pay the Third to Eleventh Defendants costs thrown away by reason of the amendments made under paragraph 4 of the Motion. Catchwords: PRACTICE AND PROCEDURE - Application for leave to bring or to continue proceedings against insurers under Civil Liability (Third Party Claim Against Insurers) Act 2017 (NSW), s 5 – Whether insurers entitled to disclaim liability – Whether conflict of interest exclusion clause apply – Whether lenders liability exclusion clause applies – Costs follow the event Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Wayne Tank & Pump Co Ltd v Employers' Liability Assurance Corporation Ltd [1974] QB 57 Category: Procedural and other rulings Parties: Giabal Pty Ltd (First Plaintiff) Geoffry Edward Underwood (Second Plaintiff) Wayne Leonard Chapman (Third Defendant) Robert Watson and Erica Gay as the legal personal representatives for the estate of the late John Eugene Gay in place of Mr Gay (Fourth Defendant) Rodney John Loone (Fifth Defendant) Leslie Ralph Baker (Sixth Defendant) Robert Henry Graham (Seventh Defendant) Robin Gray (Eighth Defendant) Paul Desmond Teisseire (Ninth Defendant) Andrew Gray (KPMG Partner) (Tenth Defendant) Mathew Gary Wallace (Eleventh Defendant) Representation: Counsel: DA Lloyd (Plaintiffs) Self-Represented (Ninth Defendant) J Arnott (Tenth and Eleventh Defendants) DL Williams SC with RD Glover (Proposed Twelfth and Thirteenth Defendants)