NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Yanagisawa v Shamrock Civil Engineering Pty Ltd [2021] NSWSC 761 Hearing dates: 22 June 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: I grant leave to the first defendant to rely on the cross-claim filed 16 April 2021. Catchwords: CIVIL PROCEDURE — Cross-claims — Against second defendant — whether to grant leave to first defendant to include a claim for contractual indemnity — whether conflict of interest arises — employer's policy of insurance Legislation Cited: Civil Procedure Act 2005 (NSW) Insurance Contracts Act 1984 (Cth) Cases Cited: CGU Insurance Limited v AMP Financial Planning Pty Ltd (2007) 235 CLR 1; [2007] HCA 36 Elphick v Westfield Shopping Centre Management Company Pty Limited [2011] NSWCA 356 Nigel Watts Fashion Agencies Pty Ltd v GIO General Insurance Ltd [1994] NSWCA 365 Category: Procedural rulings Parties: Toshiyuki Yanagisawa (Plaintiff) Shamrock Civil Engineering Pty Ltd (First Defendant) Valley Earthworks Pty Ltd (Second Defendant) Representation: Counsel: E G Romaniuk SC (Plaintiff) J Catsanos SC (First Defendant) F Doak (Second Defendant)
Solicitors: LHD Lawyers (Plaintiff) McCabe Curwood (First Defendant) HWL Ebsworth (Second Defendant) File Number(s): 2018/113547 Publication restriction: Nil
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