CAIRNS v CONNOLLY KEY JOINT PTY LTD [2025] NSWDC 38

District Court New South Wales

Medium Neutral Citation: CAIRNS v CONNOLLY KEY JOINT PTY LTD [2025] NSWDC 38 Hearing dates: 12 February 2025 Date of orders: 12 February 2025 Decision date: 12 February 2025 Jurisdiction: Civil Before: Dicker SC DCJ Decision: Orders: In relation to the Amended Notice of Motion dated 11 February 2025: (1) Leave is granted to the plaintiff to file in court an Amended Notice of Motion dated 11 February 2025. (2) Pursuant to section 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), leave is granted to the plaintiff to join, as a defendant, Insurance Australia Limited trading as CGU Insurance. (3) Leave is granted to the plaintiff to file an Amended Statement of Claim in the form annexed to the Amended Notice of Motion, such Amended Statement of Claim to be filed by 14 February 2025. (4) The costs of the application are to be costs in the cause. Catchwords: PRACTICE AND PROCEDURE – leave to join an insurer as a defendant Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Cases Cited: Murphy, McCarthy & Associates Pty Limited v Zurich Australian Insurance Limited [2018] NSWSC 627 Ritchie v Advanced Plumbing and Drains Pty Ltd [2019] NSWSC 1028 Wigge v Allianz Australia Insurance Ltd [2020] NSWSC 150 Zaki v Better Buildings Constructions Pty Limited [2017] NSWSC 1522 Category: Procedural rulings Parties: Damian Cairns (Plaintiff) Insurance Australia Limited ABN 11 000 016722 AFS LIC No. 227681 T/A CGU Insurance trading as CGU Insurance (Proposed Defendant) Representation: Counsel: C Purdy (Plaintiff) N Robertson (Solicitor) (Proposed Defendant)