Sydney Trains v Argo Syndicate AMA 1200 [2021] NSWDC 685

District Court New South Wales

Medium Neutral Citation: Sydney Trains v Argo Syndicate AMA 1200 [2021] NSWDC 685 Hearing dates: 19 August 2021 (Submissions closed 10 November 2021) Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Civil Before: Wilson SC DCJ Decision: At [56] Catchwords: Civil - leave sought by tortfeasor to recover against insurer of joint tortfeasor company now deregistered – where relief can be claimed without leave under Cth legislation – whether application requiring leave under State Act ought to have been determined at final hearing. Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) s 5(1) Civil Procedure Act 2005 (NSW) s 56 Corporations Act 2001 (Cth) s 601AG Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 5 Limitation Act 1969 (NSW) s 26 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Bede Polding College v Limit (No 3) Ltd [2008] NSWSC 887 Chubb Insurance Company of Australia v Robinson [2016] FCAFC 17 Eastern Creek Holdings Pty Ltd v Access Specialty Europe Pty Ltd [2010] NSWSC 840 Wilkie v Gordian Runoff (2005) 221 CLR 522 Texts Cited: None Category: Procedural rulings Parties: Sydney Trains (Applicant/Plaintiff) Argo Syndicate AMA 1200 (Respondent/1st Defendant) Representation: Counsel: Mr D Weinberger (Applicant/Plaintiff) Mr J Catsanos SC (Respondent/Defendant)