Lamichhane v Plumbcorp Solutions Pty Ltd [2024] NSWSC 1402

Supreme Court New South Wales

Medium Neutral Citation: Lamichhane v Plumbcorp Solutions Pty Ltd [2024] NSWSC 1402 Hearing dates: 5 November 2024 Date of orders: 5 November 2024 Decision date: 05 November 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. The Plaintiff has leave under s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) to join AAI Limited ABN 48 005 297 807 AFSL 230859 trading as Vero Insurance as a Sixth Defendant. 2. The Plaintiff has leave under s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) to join Insurance Australia Limited trading as NRMA Insurance as a Seventh Defendant. 3. An order under Uniform Civil Procedure Rules 2005 (NSW), r 6.32(1)(b) for leave to amend the Statement of Claim. 3. Costs of the motion are to be costs in the cause. Catchwords: CIVIL PROCEDURE — parties — joinder of insurers — where seventh defendant opposes joinder due to exception in s 5(4) of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) — whether the seventh defendant's insurance policy will not respond to the claim — where seventh defendant's policy limited liability to a contract price of $500,000 — where the only evidence of contract value was an unsigned statement by the director of the third defendant — joinder allowed Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), ss 4, 5 Uniform Civil Procedure Rules 2005 (NSW), rr 6.29, 6.32 Category: Procedural rulings Parties: Shambhu Lamichhane (Plaintiff) Plumbcorp Solutions Pty Ltd (First Defendant) D E Plumbing Pty Ltd (Third Defendant) Balintore Developments Pty Ltd (Fifth Defendant) AAI Limited t/as Vero Insurance (proposed Sixth Defendant) Insurance Australia Limited t/as NRMA Insurance (proposed Seventh Defendant) Representation: Counsel: Mr J Hallion (Plaintiff) Mr M Skelly (Fifth Defendant and proposed Sixth Defendant) Mr W S Reynolds (proposed Seventh Defendant)