NSW Caselaw
New South Wales Supreme Court
CITATION : GIO Workers Compensation -v- CGU Insurance [2000] NSWSC 243 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50004/00 HEARING DATE(S) : 16 March 2000 JUDGMENT DATE : 30 March 2000
PARTIES : GIO Workers Compensation (NSW) Ltd -v- CGU Insurance Ltd & Rockdale Beef Pty Ltd & Riverina Agency Contracting Services Pty Ltd & Kelly Taupo JUDGMENT OF : Hunter J
Plaintiff: P M Hall QC & L V Gyles First defendant: A D M Hewitt SC COUNSEL : Second defendant: N A Cotman SC & L S Einstein Third defendant: D Cross (solicitor) Fourth defendant: A J Black Plaintiff: Hunt & Hunt Lawyers First defendant: Curwood & Partners SOLICITORS : Second defendant: Terrett Lawyers Third defendant: Allen Allen & Hemsley Fourth defendant: Walsh & Blair Lawyers CATCHWORDS : Practice and Procedure - application for stay or summary dismissal - utility of declaratory relief LEGISLATION CITED : Jurisdiction of Courts (Cross-vesting) Act 1987 CASES CITED : Denham v Midland Employers Mutual Assurance Ltd [1955] 2 QB 437 BWIU of Australia v Odco Pty Ltd (1991) 99 ALR 735 DECISION : Summons dismissed
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
HUNTER J THURSDAY MARCH 30 2000
50004/00 GIO WORKERS COMPENSATION (NSW) LTD -V- CGU INSURANCE LTD & ROCKDALE BEEF PTY LTD & RIVERINA AGENCY CONTRACTING SERVICES PTY LTD & KELLY TAUPO REASONS FOR JUDGMENT
1 On this application CGU Insurance Limited (CGU) seeks summary dismissal of the summons or alternatively a stay of proceedings, The proceedings are brought by GIO Workers Compensation (NSW) Limited (GIO) seeking declaratory relief in the following terms:
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