Nhung Tuyet Vu v GVS Group (Aust) Pty Ltd trading as Gspot Shisha Café [2021] NSWDC 343

District Court New South Wales

Medium Neutral Citation: Nhung Tuyet Vu v GVS Group (Aust) Pty Ltd trading as Gspot Shisha Café [2021] NSWDC 343 Hearing dates: 22 July 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Dismiss the plaintiff's Amended Notice of Motion filed on 3 June 2021. (2) Order the plaintiff to pay the costs of Hollard Commercial Insurance Company Pty Ltd of the Amended Notice of Motion. Catchwords: CIVIL PROCEDURE – leave to proceed against insurer – whether plaintiff could establish that there is a real possibility that the tortfeasor will not be able to satisfy any judgment against it – consideration of Civil Liability (Claims Against Third Party Insurers) Act 2017 (NSW) Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017, ss 3, 4, 5 Uniform Civil Procedure Rules 2005 (NSW) rr 6.19, 19.2 Cases Cited: Count Financial Limited v Pillay [2021] NSWSC 99 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Guild Insurance Ltd v Hepburn [2014] NSWCA 400 Mrdalj v Allianz Australia Insurance Ltd [2019] NSWSC 101 Murphy, McCarthy & Associates Pty Ltd v Zurich Australian Insurance Limited [2018] NSWSC 627 Zaki v Better Building Constructions Pty Ltd [2017] NSWSC 1522 Category: Procedural rulings Parties: Nhung Tuyet Vu (Plaintiff) GVS Group (Aust) Pty Ltd trading as Gspot Shisha Café (First Defendant) Hollard Commercial Insurance Company Pty Ltd (Second Defendant) Representation: Counsel: E Anderson (Plaintiff) H Chiu (Second Defendant)