Marriott v Brine [2013] NSWSC 1589

Supreme Court New South Wales

Medium Neutral Citation: Marriott v Brine [2013] NSWSC 1589 Hearing dates: 15/10/2013 Decision date: 05 November 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave is granted to the plaintiff to join QBE Insurance as a party. (2) The plaintiff is to file the proposed second further statement of claim within 14 days. (3) QBE Insurance is to file and serve a defence within 28 days. (4) The second and fourth defendants are to file and serve an amended defence within 28 days. (5) Costs of the motion are reserved. Catchwords: PROCEDURE - Supreme Court procedure - New South Wales - whether leave should be granted to amend statement of claim - whether insurer may be joined as party - CONTRACTS - assignment of insurance policy by trustee in bankruptcy - Bankruptcy Act 1966 (Cth) s 117 - construction and interpretation of contracts - whether flight record tax invoice constitutes an insurance policy Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Bankruptcy Act 1966 (Cth) Insurance Contracts Act 1974 (Cth) Cases Cited: Bayswater Car Rental Pty Limited v Hannell [1999] WASCA 34; (1999) 10 ANZ Ins Cas 61-437 Bazem Pty Ltd v Bureau of Urban Architecture; Bureau of Urban Architecture v Bazem [2010] NSWSC 978 In Re Wright Landau v Trustee of the Property of the Bankrupt [1949] Ch 729 Linden Gardens v Tenesta [1994] 1 AC 85 Tapp v LawCover Insurance [2013] FCA 35 Category: Interlocutory applications Parties: Jay Bernard Marriott (Plaintiff) QBE Insurance (Australia) Ltd (Respondent) Mark Brine (First Defendant) Bankstown Helicopters Pty Limited (Second Defendant) Kareela Aviation Pty Limited (Third Defendant) Eromssor Pty Limited (Fourth Defendant) Representation: Counsel: J Heazlewood (Plaintiff) JS Emmett (Second and Fourth Defendants and Respondent) Solicitors: Robert Alexander Hannam (Plaintiff) Norton White (Second and Fourth Defendants and Respondent) File Number(s): 2010/50083 Publication restriction: Nil