NSW Caselaw
New South Wales Supreme Court
CITATION : Bede Polding College v Limit (No 3) Limited and anor [2008] NSWSC 887
HEARING DATE(S) : 20 August 2008
JUDGMENT DATE : 29 August 2008
JURISDICTION : Common Law
JUDGMENT OF : Michael Grove J
DECISION : Leave to sue insurer granted.
CATCHWORDS : INSURANCE - application to sue insurer directly - dispute as to whether policy which appears to respond renewed or agreement to policy in new wording made - arguability - leave granted
LEGISLATION CITED : s 6(4) Law Reform (Miscellaneous Provisions) Act 1946 s 37 Insurance Contracts Act 1984
CATEGORY : Procedural and other rulings
Dey v Victorian Railway Commissioners (1949) 78 CLR 62 General Steel Industries v Commissioner for Railways (1962) 112 CLR 125 CASES CITED : Oswald v Bailey (1987) 11 NSWLR 715 Porter v GIO Australia 2003 12 ANZ Insurance Cases 61-573 Rocco Pezzano Pty Limited v Unity Insurance Brokers 1995 8 ANZ Insurance Cases 61-288 Zhang v Minox Securities [2008] NSWSC 689
PARTIES : The Trustees of the Roman Catholic Church for the Diocese of Parramatta operating as Bede Polding College v Limit (No 3) Limited (UK Co No 02842272) and Catlin Syndicate Limited (UK Co No 029468384)
FILE NUMBER(S) : SC 13017/2007
COUNSEL : D L Williams SC with D Weinberger - Plaintiff J Sexton SC with R Cheney - Defendant
SOLICITORS : McCabe Terrill - Plaintiff Lee & Lyons - Defendants
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
MICHAEL GROVE J
29 August 2008
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