Wieck v Wayoutback Desert Safaris Pty Ltd [2023] NSWSC 134

Supreme Court New South Wales

Medium Neutral Citation: Wieck v Wayoutback Desert Safaris Pty Ltd [2023] NSWSC 134 Hearing dates: 21 February 2023 Date of orders: 21 February 2023 Decision date: 24 February 2023 Jurisdiction: Common Law Before: Payne JA Decision: (1) Pursuant to s 5(1) of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), leave to the Plaintiff to commence and continue her proceedings against the insurer of the First and Second Defendants, being Allianz Australia Insurance Limited ACN 000 122 850. (2) Pursuant to r 19.1 of the Uniform Civil Procedure Rules 2005 (NSW), leave to the Plaintiff to amend her statement of claim to join the insurer of the First and Second Defendants, being Allianz Australia Insurance Limited ACN 000 122 850, as an additional Defendant to the proceedings. (3) Leave to file and serve the Amended Statement of Claim in the form of Exhibit B in these proceedings. Catchwords: CIVIL PROCEDURE — Parties — Joinder of insurer of existing defendants CIVIL PROCEDURE — Pleadings — Amendment Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act (NSW) 2017 Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) sch 2 – Australian Consumer Law Law Reform Miscellaneous Provisions Act 1946 (NSW) Motor Accidents (Compensation) Act 1979 (NT) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Clark v Avant Insurance Ltd; Stevens v Avant Insurance Ltd [2022] NSWCA 175 DSHE Holdings Ltd (receivers and managers appointed) (in liq) v Abboud; National Australia Bank Limited v Abboud [2017] NSWSC 579 Murgolo v AAI Ltd t/as AAMI (2019) 101 NSWLR 376 Opes Prime Stockbroking Ltd (In Liq) (Scheme Administrators Appointed) v Stevens [2014] NSWSC 659 Oswald v Bailey (1987) 11 NSWLR 715 Petersen Superannuation Fund Pty Ltd v Bank of Queensland Limited [2017] FCA 699 Pritchard v Racecage Pty Ltd (1996) 64 FCR 96 Pritchard v Racecage Pty Ltd (1997) 72 FCR 203 Tzaidas v Child (2004) 61 NSWLR 18 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 Wayland v Bird [2017] NSWCA 26 Category: Procedural rulings Parties: Doris Wieck (Plaintiff/Applicant on motion) Wayoutback Desert Safaris Pty Ltd (First defendant/First respondent on motion) Wayoutback Australian Safaris Pty Ltd (Second defendant/Second respondent on motion) Allianz Australia Insurance Limited (Non-party/Fourth respondent on motion) Representation: Counsel: Mr J Knackstredt with Ms E Bartley (Plaintiff/Applicant on motion)