Tara Burnie v Dr Leslie Blackstock [2020] NSWDC 452

District Court New South Wales

Medium Neutral Citation: Tara Burnie v Dr Leslie Blackstock [2020] NSWDC 452 Hearing dates: 3 & 5 June 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Civil Before: Strathdee DCJ Decision: (1) I grant the plaintiff leave to file an Amended Statement of Claim joining Avant Insurance Limited as the second defendant. (2) The Amended Statement of Claim is to be filed and served by 28 August 2020. (3) Listed for directions before the Judicial Registrar on 14 September 2020. (4) Costs of the motion be costs in the cause. Catchwords: CIVIL PROCEDURE – leave to proceed against insurer – defendant unable to be found – third party claims against insurers – arguable case that policy responds to liability – construction of insurance contracts – whether insurer has validly disclaimed liability – held arguable case against proposed defendant – held insurer has not discharged onus disclaiming liability – held leave to proceed against insurer granted CONTRACT LAW – Interpretation of insurance contracts – Law Reform (Miscellaneous Provisions) Act 1946, s 6(1), 6(4) Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Insurance Contracts Act 1984 (Cth) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Cases Cited: Campbell v Mutual Life and Citizens Fire and General Insurance Co (NZ) Ltd (1971) NZLR 240 Energize Fitness Pty Ltd v Vero Insurance Ltd [2012] NSWCA 213 FAI General Insurance Co Ltd v Australian Hospital Care Pty Limited [2001] HCA 38 Guild Insurance Ltd v Hepburn [2014] NSWCA 400 Murphy, McCarthy & Associates Pty Ltd v Zurich Australian Insurance Ltd [2018] NSWSC 627 Oswald v Bailey (1987) 11 NSWLR 715 Ritchie v Advanced Plumbing and Drains Pty Ltd [2019] NSWSC 1028 Turner v Blackstock [2019] NSWDC 102 Tzaidas v Child (2004) 61 NSWLR 18; [2004] NSWCA 252 Texts Cited: New South Wales, Law Reform Commission, Third Party Claims on Insurance Money (November 2016) Category: Procedural and other rulings Parties: Tara Burnie (Plaintiff/Applicant) Dr Leslie Blackstock (Defendant) Avant Insurance Limited (Respondent) Representation: Counsel: Mr Campbell with Mr Wathukarage (for the Plaintiff/Applicant) Mr Windsor SC with Mr Gambi (for the Respondent)