NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Reid v Allianz Australia Insurance Ltd [2009] NSWDDT 27
PARTIES : Edward James Joseph Reid Allianz Australia Insurance Ltd
MATTER NUMBER(S) : 278 of 2009
JUDGMENT OF: Curtis J at 1
CATCHWORDS: DUST DISEASES TRIBUNAL - Proceedings :- Whether s6(9) of the Law Reform (Miscellaneous Provisions) Act 1946 permits a plaintiff to proceed directly against the insurer of a deregistered corporation without restoring the defunct company to the register for the purpose of suit.
s6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 LEGISLATION CITED: s6(9) of the Law Reform (Miscellaneous Provisions) Act 1946 Workers Compensation Act 1987
National Mutual Fire Insurance Co v Commonwealth of Australia [1981] 1 NSWLR 400 Devine v Devine and Queensland Insurance Co (1928) 28 SR (NSW) 503 Brakespeare v Northern Assurance Co Ltd (1959) 101 CLR 661 CASES CITED: Coleman v Mercantile Mutual Insurance Co Ltd (1933) WCR 231 Spain v Metropolitan Meat Industry Board [1971] 1 NSWLR 91 Bailey v Medical Defence Union (1995) 132 ALR 1 GIO General Ltd v Malathounis [1997] NSWCA 124 Longo v Sydney Water Corporation (2003) 25 NSWCCR 125.
DATES OF HEARING: 30 October 2009
DATE OF JUDGMENT: 30 October 2009
Mr S Tzouganatos instructed by Turner Freeman appeared for the plaintiff LEGAL REPRESENTATIVES:
Mr J L Sharpe instructed by Ellison Tillyard Callinan appeared for Allianz Australia Insurance Limited
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