NSW Caselaw
Reported Decision : (2003) 12 ANZ Insurance Cases 61-582
New South Wales Supreme Court
CITATION : Leighton Contractors v AMP General Insurance [2003] NSWSC 839 HEARING DATE(S) : 2 September 2003 JUDGMENT DATE : 11 September 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : The application for leave is refused. The Summons is dismissed. The plaintiff is to pay the costs of the Summons.
CATCHWORDS : statutory charge - application of section - status as claimant - futile exercise - liability to pay damages or compensation - discretionary power and onus - proscription - entitlement to disclaim. LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1946 Pt 4, s 6, s 6 (1), s 6 (4). Bailey v New South Wales Medical Defence Union Limited (1995) 184 CLR 399. Kinzett v McCourt and Others (1999) 46 NSWLR 32. CASES CITED : Lissenden v Yorkville Nominees Pty Ltd (In Liq) and Others (1984) 3 NSWLR 138. McMillan v Mannix (1993) 31 NSWLR 538. Nigel Watts Fashion Agencies Pty Limited v GIO General Limited (1995) 8 ANZ Ins Cas 61-235. Leighton Contractors Pty Limited (Plaintiff) PARTIES : v AMP General Insurance Limited (Defendant) FILE NUMBER(S) : SC 13435 of 2002 COUNSEL : Mr C Hoeben SC (Plaintiff) Mr R A Cavanagh (Defendant) SOLICITORS : John Sharpe Solicitor for CGU Workers Compensation (NSW) Pty Limited (Plaintiff) Henry Davis York (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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