Ali v Duffy Kennedy Constructions Pty Ltd [2023] NSWSC 325

Supreme Court New South Wales

Medium Neutral Citation: Ali v Duffy Kennedy Constructions Pty Ltd [2023] NSWSC 325 Hearing dates: 28 March 2023 Date of orders: 28 March 2023 Decision date: 28 March 2023 Jurisdiction: Common Law Before: Garling J Decision: See [54] Catchwords: CIVIL PROCEDURE — Parties — Addition of defendants — where plaintiff seeks leave to file an amended statement of claim — where plaintiff seeks leave to proceed and continue proceedings against proposed second defendant pursuant to Civil Liability (Third Party Claims Against Insurers) Act 2017 — where first defendant is a part of a complex group of companies — where plaintiff alleged that one or more of the companies in the group was liable in negligence with respect to accident at construction site — where proposed second defendant was insurer with respect to the construction site for entities in that group of companies — whether leave should be granted to amend the statement of claim — whether leave should be granted proceed and continue proceedings against proposed second defendant — leave granted in both respects Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 Cases Cited: Galileo Miranda Nominee Pty Limited v Duffy Kennedy Pty Limited [2019] NSWSC 1157 In the matter of Reed Constructions Australia Pty Ltd (in Liquidation) – Walley v Chubb Insurance Australia Ltd [2019] NSWSC 1007 Reed Constructions Australia Pty Limited (in liquidation) - Walley v Chubb Insurance Australia Limited [2019] NSWSC 1007 Texts Cited: Not Applicable Category: Procedural rulings Parties: Barkat Ali (P) Duffy Kennedy Constructions Pty Ltd (D1) AAI Ltd t/as Vero (proposed D2) Representation: Counsel: R Gambi (P) M Skelly (D1, proposed D2)