NSW Caselaw
New South Wales Supreme Court
CITATION : Zeini v Intersen Pty Limited & Anor [2006] NSWSC 107
HEARING DATE(S) : 28/02/2006
JUDGMENT DATE : 3 March 2006
JUDGMENT OF : Hoeben J at 1
DECISION : Leave to cross-claim against GIO is refused in rspect of the claim in contract.
CATCHWORDS : Adding insurer pursuant to s6 Law Reform (Miscellaneous Provisions) Act 1946 - whether common law extension to workers compensation policy responds to claim in contract against insured - question not arguable because of recent Court of Appeal decisions.
Law Reform (Miscellaneous Provisions) Act 1946 LEGISLATION CITED : Motor Vehicles (Third Party Insurance) Act 1942 Workers Compensation Act 1987
Bailey v NSW Medical Defence Union Limited (1995) 184 CLR 399 at 446 CASES CITED : Gordian Runoff Limited v Heyday Group Pty Limited [2005] NSWCA 29 Multiplex Constructions Pty Limited v Irving & Ors/Fugen Holdings Pty Limited v Irving & Ors [2004] NSWCA 346 Tzardas v Child & Ors (2004) 208 ALR 651 at [21]
Salim Zeini - Plaintiff Intersen Pty Limited - First Defendant PARTIES : Fifth Avenue Projects Pty Limited - Second Defendant Intersen Pty Limited - First Cross-Claimant/Applicant Uneed Formwork & Construction Pty Limited - Frist Cross-Defendant GIO -Proposed Second Cross-Defendant/Respondent
FILE NUMBER(S) : SC 20098/2005
COUNSEL : K Andrews - Respondent D Priestley - Applicant
SOLICITORS : McGrath Dicembre & Company - First defendant/cross claimant David Phillip Cooper - Solicitor for the Respondent
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