Hall v Adventure Training Systems Pty Limited & Anor [2005] NSWSC 1079

Reported Decision : (2006) 14 ANZ Insurance Cases 61-673

New South Wales Supreme Court

CITATION : Hall v Adventure Training Systems Pty Limited & Anor [2005] NSWSC 1079

HEARING DATE(S) : 23/09/2005, 27/09/2005

JUDGMENT DATE : 28 October 2005

JUDGMENT OF : Hoeben J at 1

DECISION : Leave granted pursuant to s6 of Law Reform (Miscellaneous Provisions) Act 1946 to join QBE Insurance Limited as defendant.

CATCHWORDS : Insurance - application to join insurer as additional defendant pursuant to s6 Law Reform (Miscellaneous Provisions) Act 1946 - arguable case for indemnity under policy - was claim covered by insurance clause - did claim come within exclusion - meaning of "professional advice".

LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1946

Bailey v NSW Medical Defence Union Ltd (1995) 184 CLR 399 at 446 Chemetics International Limited v Commercial Union Assurance Co of Canada (1984) 11 DLR 754 FAI General Insurance Co Limited v Gold Coast City Council (Queensland Court of Appeal, 11.12.1992) CASES CITED : GIO (NSW) v RJ Green and Lloyd Pty Limited (1966) 114 CLR 437 at 445, 447 Government Insurance Office of NSW v Council of the City of Penrith (1999) 102 LGERA 102 Legal and General Insurance Australia Limited v Eather (1986) 6 NSWLR 390 at 394A Tzaidas v Child & Ors (2004) 208 ALR 651

Norman Lindsay Hall - Plaintiff PARTIES : Adventure Training Systems Pty Limited - First Defendant Transfield Services (Australia) Pty Limited - Second Defendant

FILE NUMBER(S) : SC 20150/2004

S Campbell SC/ K Andrews - Plaintiff COUNSEL : No appearance - First & Second Defendants J Stevenson SC/E Muston - Proposed Third Defendant