NSW Caselaw
Reported Decision : (2005) 13 ANZ Insurance Cases 61-665
New South Wales Court of Appeal
CITATION: Morris v Betcke x 2 [2005] NSWCA 308
HEARING DATE(S): 24/08/2005
JUDGMENT DATE: 16 September 2005
JUDGMENT OF: Beazley JA at 1; Giles JA at 2; Hoeben J at 3
DECISION: In both proceedings (1) leave to appeal granted; (2) Claimant to file its Notice of Appeal within 14 days; (3) appeal dismissed; (4) Claimant to pay the Opponent's costs of the application for leave to appeal and of the appeal.
CATCHWORDS: INSURANCE - Application to join insurer as additional defendant pursuant to s6 Law Reform (Miscellaneous Provisions) Act 1946 and s51 Insurance Contracts Act 1984 (Cth) - arguable case for indemnity under policy - meaning "entered into contract of insurance" in s6 Law Reform (Miscellaneous Provisions) Act - meaning "the insured" in s51 Insurance Contracts Act - arguably includes beneficiaries of contract of insurance.
Acts Interpretation Act 1901 (Cth) Air Navigation Act 1920 (Cth) Compensation to Relatives Act 1897 Corporations Act 2001 (Cth) LEGISLATION CITED: Civil Aviation (Carriers Liability) Act 1959 (Cth) Civil Aviation Regulation 5.82 Insurance Contracts Act 1984 (Cth) Law Reform (Miscellaneous Provisions) Act 1946 (NSW)
Allianz Australia Insurance Ltd v GSF Australia Pty Limited [2005] 79 ALJR 1079 Aspioti v Leigh & Ors [2003] NSWSC 1224 Bayswater Car Rental Pty Limited v Honnell (1999) 10 ANZ Insurance Cases 61-437 Bradley v Eagle Star Insurance Co Limited (1989) AC 957 CE Health Casualty and General Insurance Limited v Gray & Ors (1993) 32 NSWLR 25 Lee v Lees Air Farming Limited (1961) AC 12 CASES CITED: MacLean v MacLean; Australian Avaiation Underwriting Pool Pty Limited (1977) 15 SASR 306 Martin John Green in his capacity as Liquidator of Arimco Mining Pty Limited (in liquidation) v CGU Insurance Limited & Ors [2005] NSWSC 254 New Zealand Guardian Trust Co v Kenneth Brooks (1995) 1 WLR 96 Ripper & Ors v Gatenby [2002] 10 Tas R 435 Scott v Davis (2001) 204 CLR 333 Tatterson & Anor v Wirtanen (1998) VSC 88 Tzaidas v Child & Ors (2004) 208 ALR 651
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