Carroll v Perriman [2006] NSWDC 90

New South Wales District Court

CITATION: Carroll v Perriman [2006] NSWDC 90

HEARING DATE(S): 28 July 2006

JUDGMENT DATE: 2 November 2006

EX TEMPORE JUDGMENT DATE : 07/28/2006

JUDGMENT OF: Johnstone DCJ at 1

DECISION: Joinder of insurer refused; motion dismissed

CATCHWORDS: Practice and procedure - Application to join insurer as a party - Absence of a cause of action against proposed defendant - Applicability of exclusion clause in policy of insurance

LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946: s 2 Motor Accidents Compensation Act 1999: s 108

Mim Carroll (Plaintiff) PARTIES: Simone Perriman (Defendant) Zurich Australian Insurance Limited (Respondent to the motion)

FILE NUMBER(S): 343/05

COUNSEL: Mr J G Azzi (Plaintiff) Mr C P Locke (Respondent to the motion)

JUDGMENT

Extempore judgment on application by plaintiff to join the insurer of the first defendant as second defendant

HIS HONOUR: 1. The plaintiff moves on a notice of motion filed on 7 June 2006 seeking to join the insurer of the first defendant, as second defendant, pursuant to s 2 of the Law Reform (Miscellaneous Provisions) Act 1946.

2. The respondent to that motion is the insurer, Zurich Australian Insurance Limited ("the Insurer"). The first defendant was not involved in this motion and indeed was not present or represented.

3. The underlying facts are that the plaintiff and the first defendant were travelling on holidays in the United States when they were involved in a motor vehicle accident. The plaintiff alleges that the first defendant caused injury to her when in the course of driving the relevant motor vehicle it ran off the road. It is alleged that the first defendant was negligent.