Solarus Projects v Vero Insurance (No 5) [2013] NSWSC 1966

Supreme Court New South Wales

Medium Neutral Citation: Solarus Projects v Vero Insurance (No 5) [2013] NSWSC 1966 Hearing dates: 17 December 2013 Decision date: 17 December 2013 Before: Campbell J Decision: (1) Pursuant to r 28.2 of the Uniform Civil Procedure Rules 2005, the question of whether the plaintiff Solarus Projects Pty Ltd is an insured within the meaning of the Project Contract Works Insurance Policy issued to Glen Alpine Properties Pty Ltd and others numbered CT 5010377771 dated 2 May 2007 be determined separately from and prior to any other question in the proceedings; (2) I give the parties leave to approach the common law case management registrar forthwith for the appointment of the first available suitable hearing date; (3) The question of the costs of the application to abide the outcome of the separate determination; (4) Liberty to apply to Campbell J in the event of a failure to agree on the necessary steps for each party to take to prepare for the separate hearing. Catchwords: PRACTICE AND PROCEDURE - application for determination of separate question Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: ABB Engineering Construction v Freight Rail Corp [1999] NSWSC 1037 Allandale Blue Metal Pty Ltd v Roads and Maritime Services (2013) 195 LGERA 182 Aon Risk Services Australia Ltd v Australian National University 239 CLR 175; [2009] HCA 27 Hathway v Cavanagh (2002) 43 ACSR 497Allandale Integral Home Loans Pty Ltd v Interstar Wholesale Finance [2006] NSWSC 1464 Investec Bank v Romeo [2012] NSWSC 1043 Shuttleworth v Marshall [2013] NSWSC 1400 Tallglen Pty Ltd v Pay TV Holdings Pty Ltd [1996] 22 ACSR 130 Tanzone v Westpac [2000] NSWCA 25 Tepko Pty Ltd v Water Board (2001) 206 CLR 1 Category: Interlocutory applications Parties: Solarus Projects Pty Ltd (plaintiff) Vero Insurance Limited (defendant) Representation: Counsel: A Leopold SC with A Horvath (plaintiff) AS Martin SC with J Hynes (defendant) Solicitors: DLA Piper Australia (first plaintiff) Sarvaas Ciappara Lawyers (second plaintiff) Carter Newell (defendant) File Number(s): 2011/154276