Grills v Leighton Contractors Limited [2013] NSWSC 939

Supreme Court New South Wales

Medium Neutral Citation: Grills v Leighton Contractors Limited [2013] NSWSC 939 Hearing dates: 5/7/13 Decision date: 05 July 2013 Jurisdiction: Common Law Before: Campbell J Decision: 1. I grant leave to the plaintiff to file and serve a second amended statement of claim substantially in the form handed up today by Tuesday 9 July 2013. 2. Under section 79, Motor Accidents Compensation Act 1999, QBE Insurance (Australia) Limited is joined as the third defendant, and that joinder should be reflected in the amended statement of claim to be filed and served. 3. I direct the plaintiff to serve on QBE (Australia) Limited a copy of all existing pleadings and any witness statements exchanged between the parties, experts reports exchanged between the parties, and a copy of all medical reports served by any party on or before Friday 12 July 2013 Catchwords: PRACTICE & PROCEDURE - application to amend statement of claim - application to join insurer as defendant - no question of principle Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Agar v Hyde [2000] HCA 41; 201 CLR 552 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Zotti v Australian Associated Motor Insurers Ltd [2009] NSWCA 323; 54 MVR 111 Category: Interlocutory applications Parties: Adam Lee Grills (plaintiff) Leighton Contractors Pty Ltd (first defendant) State of New South Wales (second defendant) QBE Insurance (Australia) Limited (proposed third defendant) Representation: Counsel: K Earl (plaintiff) S Torrington (first defendant) G Parker (second defendant) D Ronzani (proposed third defendant) Solicitors: Baker & Edmunds (plaintiff) Thompson Cooper Lawyers (first defendant) Turks Legal (second defendant) File Number(s): 2008/317603