Tasker v Munro [2020] NSWSC 1674

Supreme Court New South Wales

Medium Neutral Citation: Tasker v Munro [2020] NSWSC 1674 Hearing dates: 23 November 2020 Date of orders: 24 November 2020 Decision date: 24 November 2020 Jurisdiction: Common Law Before: Harrison J Decision: (1) Refuse leave to proceed against the proposed second defendant. (2) Refuse leave to proceed against the proposed third defendant. (3) Dismiss notice of motion filed 21 July 2020 with costs. Catchwords: CIVIL PROCEDURE – where plaintiff injured after diving from houseboat into shallow water – where proceedings commenced against owner of houseboat – where defendant owner impecunious – where plaintiff files motion to join insurers to proceedings – where leave to proceed against proposed defendants refused CIVIL PROCEDURE – proposed second defendant – home and contents insurer – whether arguable claim of failure to warn of obvious risk – whether policy responds to plaintiff's claim – where incident occurred away from home or site to which policy responds – where policy contains exclusion for liability arising from use of watercraft – whether houseboat used as watercraft CIVIL PROCEDURE – proposed third defendant – business insurer – whether houseboat covered under policy – whether plaintiff's injuries connected to sand extraction business – where exclusion for watercraft exceeding 10 metres in length – where houseboat over 10 metres Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Cases Cited: Laoulach v Ibrahim [2011] NSWCA 402 Motorcycling Events Group Australia Pty Ltd v Kelly (2013) 86 NSWLR 55; [2013] NSWCA 361 Ritchie v Advanced Plumbing and Drains Pty Ltd [2019] NSWSC 1028 Wyong Shire Council v Vairy (2004) Aust Torts Report 81-754; [2004] NSWCA 247 Category: Procedural and other rulings Parties: Jacob Tasker (Plaintiff) Francis Arnold Munro (Defendant) Insurance Australia Limited t/as NRMA Insurance (proposed Second Defendant) Liberty Mutual Insurance Company t/as Liberty International Underwriters (proposed Third Defendant) Representation: Counsel: C A W Hart (Plaintiff) L Goodchild (Defendant) N E Chen SC (proposed Second Defendant) D Talintyre (proposed Third Defendant)