CGU Insurance Ltd v Bazem Pty Ltd [2011] NSWCA 81

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CGU Insurance Ltd v Bazem Pty Ltd [2011] NSWCA 81 Hearing dates: 17 March 2011 Decision date: 07 April 2011 Before: Beazley JA at [1] Hodgson JA at [2] Macfarlan JA at [3] Decision: The application for leave to appeal is dismissed with costs. In relation to the Cross-Summons: (1) Grant leave to Bazem Pty Ltd (referred to as "the Client") to cross-appeal. (2) Allow the cross-appeal. (3) Set aside the order made at first instance that the Client pay the costs of CGU Insurance Ltd ("the Insurer") of the Client's application for leave to amend its Statement of Claim. (4) Order the Insurer to pay the Client's costs of that application. (5) Order the Insurer to pay the Client's costs of the Cross-Summons for leave to appeal and of the cross-appeal. (6) The Insurer to have a certificate under the Suitors' Fund Act , if qualified. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - civil - joinder of parties - Uniform Civil Procedure Rules r 6.19 - whether primary judge had power to grant leave to join insurer as defendant Legislation Cited: Architects Act 2003 Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) Insurance Contracts Act 1984 (Cth) Law Reform (Miscellaneous Provisions) Act 1946 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules Cases Cited: Anjin No 13 Pty Ltd v Allianz Australia Insurance Ltd [2009] VSC 371 Ashmere Cove Pty Ltd v Beekink (No 2) [2007] FCA 1421; (2007) 244 ALR 534 Employers Reinsurance Corporation v Ashmere Cove Pty Ltd [2008] FCAFC 28; [2008] 166 FCR 398 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Owners of the Ship "Shin Kobe Maru" v Empire Shipping Co Inc [1994] HCA 54; (1994) 181 CLR 404 The Owners - Strata Plan No 50530 v Walter Construction Group Ltd (in liq) [2007] NSWCA 124 Category: Principal judgment Parties: CGU Insurance Ltd (Appellant) Bazem Pty Ltd (First Respondent) Bureau of Urban Architecture Pty Ltd (Second Respondent) Representation: Counsel: A W Street SC/G O'Mahoney (Appellant) D S Weinberger (First Respondent) Solicitors: Colin Biggers & Paisley (Appellant) Gadens (First Respondent) Neville & Hourn Legal (Second Respondent) File Number(s): CA 2009/287392 Decision under appeal Citation: Bazem Pty Ltd v Bureau of Urban Architecture Pty Ltd; Bureau of Urban Architecture Pty Ltd v Bazem Pty Ltd [2010] NSWSC 978 Date of Decision: 2010-09-02 00:00:00 Before: Gzell J File Number(s): SC 2009/287392; 2009/289283