The Owners – Strata Plan 89005 v Stromer (No 2) [2022] NSWSC 955

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 89005 v Stromer (No 2) [2022] NSWSC 955 Hearing dates: 15 July 2022 Decision date: 15 July 2022 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Leave to proceed under Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) refused; leave to proceed against company in liquidation to be granted Catchwords: INSURANCE – procedure – civil – whether leave should be granted to proceed against the insurer pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) – whether arguable case that the relevant policy would respond to a claim made against it by the certifier CORPORATIONS – procedure – civil – whether leave should be granted to proceed against the certifier in liquidation pursuant to s 471B of the Corporations Act 2001 (Cth) – where liquidator neither consents to nor opposes leave being granted Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Corporations Act 2001 (Cth) Trade Practices Act 1974 (Cth) Category: Procedural rulings Parties: The Owners – Strata Plan No 89005 (Plaintiff) Thomas Stromer (First Defendant/Cross-Claimant/Applicant) Simone Stromer (Second Defendant/Cross-Claimant/Applicant) Nathan Stromer (Third Defendant/Cross-Claimant/Applicant) Farad Electrical Co Pty Ltd (Fourth Defendant/Cross-Claimant/Applicant) Lloyd's of London Syndicate 1200 (First Respondent) Lloyd's of London Syndicate 2987 (Second Respondent) Mondan Management Pty Ltd (in liq) t/as Vic Lilli & Partners (First Cross-Defendant/Third Respondent) Peter Smith Constructions Pty Limited (Second Cross-Defendant) Representation: Counsel: J O'Sullivan (First to Fourth Defendants/Cross-Claimants/Applicants) M F Newton (First and Second Respondents)