Tushita Technologies Ltd v MJ Protective Services Group Pty Ltd [2022] NSWSC 413

Supreme Court New South Wales

Medium Neutral Citation: Tushita Technologies Ltd v MJ Protective Services Group Pty Ltd [2022] NSWSC 413 Hearing dates: 17 February, 30 March 2022 Date of orders: 8 April 2022 Decision date: 08 April 2022 Jurisdiction: Equity Before: Parker J Decision: See [56] Catchwords: INSURANCE LAW – property insurance – scope of insured property – whether insured property included bank deposits – application for leave to join party to proceedings – application for leave to file amended statement of claim – where party sought to be joined is insurer – third party claim against insurer – whether statement of claim pleaded material facts relevant to the insurer's liability pursuant to the policy and to the Civil Liability (Third Party Claims Against Insurers) Act 2017 – material facts not pleaded – application dismissed Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017, ss 4, 7, 8, 9, 10 Cases Cited: Moore v McKiernan [2017] NSWSC 1520 Murphy McCarthy & Associates Pty Ltd v Zurich Australian Insurance Ltd [2018] NSWSC 627 Zaki v Better Buildings Constructions Pty Ltd [2017] NSWSC 1522 Texts Cited: David St L Kelly and Justice Michael Ball, LexisNexis Butterworths, Principles of Insurance Law, vol 1 (at Service 63) Category: Procedural rulings Parties: Motion filed 27 August 2021 (amended 18 March 2022) Tushita Technologies Limited (Applicant) Certain Underwriters at Lloyds of London Subscribing to Contract No. B0391TV1702171 (Respondents)

Main proceedings Tushita Technologies Limited (Plaintiff) MJ Protective Services Group Pty Limited (First Defendant) Cobra Security Services Pty Limited (Second Defendant) Kemal Yalinsel (Third Defendant) Vixon Security Group Pty Limited (Fourth Defendant) Representation: Counsel: CD Wood SC/T Harris-Roxas (Applicant) N Simpson (Respondents)