Hitchens v Zurich [2011] NSWSC 66

Supreme Court New South Wales

Medium Neutral Citation: Hitchens v Zurich [2011] NSWSC 66 Hearing dates: Wednesday 9 February 2011 Decision date: 22 February 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: Catchwords: PROCEDURE - civil - pleadings - amendment - defence - consideration of the principles in relation to the question of the prejudice to the plaintiff Legislation Cited: Civil Procedure Act 2005 Insurance Contracts Act 1984 Limitations of Actions Act (Qld) 1974 Cases Cited: Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Burk v Commonwealth of Australia (No 3) [2004] VSC 210; May v Thomas [2008] WASCA 215 Hancock Shipping Co Ltd v Kawasaki Heavy Industries Ltd [1992] 1 WLR 1025, 1030; [1992] 3 All ER 132; [1991] 2 Lloyd's Rep 237; McKenzie v Commonwealth of Australia [2001] VSC 361; Category: Procedural and other rulings Parties: Anthony Hitchens Zurich Australia Limited Representation: Counsel: Mr BW Rayment QC & MJ Gollan for plaintiff Mr R Cavanagh SC & Mr SJ Walsh for defendant Solicitors: Firths - The Compensation Lawyers Turks Legal for defendant File Number(s): 2009/00291452

Judgment 1This is an application by notice of motion filed 15 October 2010. In the motion, the defendant, Zurich Insurance, seeks the leave of the court to amend their defence. 2The plaintiff claims damages in respect of monthly benefits under an Income Replacement Insurance policy dated 1 December 2004, which he alleges he became entitled to following an injury to the fingers and thumb of his right hand on 9 September 2007.