NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chubb Insurance Australia Ltd v Giabal Pty Ltd; Catlin Australia Pty Ltd v Giabal Pty Ltd [2020] NSWCA 309 Hearing dates: On the papers (submissions by 6 November 2020) Decision date: 30 November 2020 Before: Leeming JA; Emmett AJA. Decision: In 2020/267797: Amended summons seeking leave to appeal filed 21 October 2020, dismissed with costs. In 2020/270262: Amended summons seeking leave to appeal filed 21 October 2020, dismissed with costs. Catchwords: APPEAL – application for leave to appeal – interlocutory decision joining insurers – whether insurers' entitlement to disclaim liability "beyond argument" – no determination of insurers' liability – inutility of interlocutory appeal – leave refused Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), ss 4, 5 Cases Cited: Giabal Pty Ltd v Gunns Plantations Ltd (in liq) [2020] NSWSC 1070 Category: Principal judgment Parties: In 2020/267797: Chubb Insurance Australia Ltd (Applicant) Giabal Pty Ltd (First respondent) Geoffry Edward Underwood (Second respondent)
In 2020/270262: Catlin Australia Pty Ltd (Applicant) Giabal Pty Ltd (First respondent) Geoffry Edward Underwood (Second respondent) Representation: Counsel: D L Williams SC, A Horvath (Applicant in each proceeding) I R Pike SC, D A Lloyd SC (First and second respondents in each proceeding)
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