Berry v Al Jabour [2019] NSWDC 959

District Court New South Wales

Medium Neutral Citation: Berry v Al Jabour [2019] NSWDC 959 Hearing dates: 30 September 2019 Date of orders: 30 September 2019 Decision date: 30 September 2019 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Make order 1 in the notice of motion filed 17 May 2019 joining AAMI as a party. (2) Costs be costs in the cause. (3) AAMI be directed to file and serve within 28 days an affidavit explaining the entitlement of AAMI to act as indicated in the last three paragraphs on page 1 of the letter of Moray & Agnew to Mrs Nima Al Jabour dated 13 August 2019. Catchwords: CIVIL PROCEDURE — parties — joinder – joinder of insurer – claim allegedly not made in good faith – dispute as to whether plaintiff in car – car driven by wife Legislation Cited: Civil Procedure Act 2005, s 56 Motor Accidents Compensation Act 1999, s 119 Cases Cited: Hamad Abu-Ahmed v Wally El Riche (District Court (NSW), Norton SC DCJ, 4 February 2019, unrep) Ishak v Taoube [2019] NSWDC 46 Virski v Virski (Supreme Court (NSW), 20 March 1998, unrep) Category: Procedural rulings Parties: Alex Berry (plaintiff/second respondent on notice of motion) Nima Al Jabour (defendant/first respondent on notice of motion) AAI Limited trading as AAMI (applicant on notice of motion) Representation: Counsel: Mr G Schipp (plaintiff/second respondent on notice of motion) Mr M A Cleary (applicant on notice of motion)