Allianz Australia Insurance Ltd v Bluescope Steel Limited [2012] NSWCA 240

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Allianz Australia Insurance Ltd v Bluescope Steel Limited [2012] NSWCA 240 Hearing dates: 7 May 2012 Decision date: 08 August 2012 Before: Beazley JA at [1]; Macfarlan JA at [62]; Barrett JA at [63] Decision: 1. Grant leave to appeal; 2. Appeal dismissed with costs including the costs of the summons for leave to appeal. [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: PRACTICE AND PROCEDURE - Jurisdiction - Leave sought to extend time to file cross-claim against co-defendant in Dust Diseases Tribunal after judgment for plaintiff- Leave granted by trial judge - Whether the trial judge had jurisdiction to make orders extending the time in which to file a cross-claim - Dust Diseases Tribunal Act 1989, s 11. Legislation Cited: Civil Procedure Act 2005 Dust Diseases Tribunal Act 1989 Uniform Civil Procedure Rules 2005 Cases Cited: Bailey v Marinoff [1971] HCA 49; 125 CLR 529 Crayford Freight Services Ltd v Coral Seatel Navigation (1998) 82 FCR 328 CSI International Co Ltd v Archway Personnel (Middle East) Limited [1978] 1 WLR 1069 DJL v Central Authority [2000] HCA 17; (2000) 201 CLR 226 Dorrough v Bank of Melbourne [1996] FCA 816 FAI General Insurance Co Ltd v Southern Cross Exploration NL [1988] HCA 13; 165 CLR 268 Jackson v Bluescope Steel Limited & Anor [2011] NSWDDT 2 Mangion v James Hardie & Co Pty Ltd (1990) 20 NSWLR 100 Samuels v Linzi Dresses Ltd [1981] QB 115 Seltsam v Energy Australia; Re Banham [1999] NSWCA 89; 17 NSWCCR 720 The Salybia [1910] P 25 Wallaby Grip (BAE) Pty Ltd v Eraring Energy [2004] NSWCA 269; 60 NSWLR 701 Category: Principal judgment Parties: Allianz Australia Insurance Limited (Appellant) Bluescope Steel Limited (formerly known as John Lysaght (Australia) Limited) (Respondent) Representation: Counsel: G F Little SC; D C Morgan (Appellant) T G R Parker SC; G Parker (Respondent) Solicitors: Ellison Tillyard Callanan (Appellant) Piper Alderman (Respondent) File Number(s): 2011/189844 Publication restriction: No Decision under appeal Citation: Margaret Jackson as legal representative of Youden Richard Jackson (deceased) v Bluescope Steel Limited (formerly known as John Lysaght (Australia) Limited) & Anor 27 May 2011 Date of Decision: 2011-05-27 00:00:00 Before: Kearns J File Number(s): DDT 6166/06; DDT 6166/06