Keeble v Murray [2014] NSWSC 151

Supreme Court New South Wales

Medium Neutral Citation: Keeble v Murray [2014] NSWSC 151 Hearing dates: 14 November 2013 Decision date: 03 March 2014 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) Leave is granted to the plaintiff to join ACE Insurance Ltd as the sixth defendant to these proceedings. (2) Leave is granted to the plaintiff to file an amended statement of claim within 14 days. (3) Costs are reserved. Catchwords: PRACTICE AND PROCEDURE - application to join insurance company as a defendant to the proceedings in a personal injuries claim - multiple defendants - whether there is an arguable case against the insured and an arguable case that the insurance policy responds; CONTRACTS - insurance company seeks to rely upon an exclusion clause relating to workers compensation - whether there is an arguable case that the plaintiff was not employed by the defendants - whether employee is suing employer at common law - whether exclusion clause will be applicable; INTERPRETATION - interpretation of exclusion clause - exclusion clause capable of more than one interpretation - exclusion clause to be construed contra proferentem Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6 Workers' Compensation Act 1926 (NSW), s 6 Workers Compensation Act 1987 (NSW), s 150, Sch 1, cl 1 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4, 250, 262, Sch 1, cl 9 Cases Cited: AFG Insurances Ltd v Andjelkovic (1981) 54 FLR 398 Day v The Ocean Beach Hotel Shellharbour Pty Ltd [2013] NSWCA 250 Ebb v Fast Fix Steel Fixing Pty Ltd [2007] NSWCA 236 Eastern Creek Holdings Pty Limited v Axis Specialty Europe Limited [2010] NSWSC 840 Energize Fitness Pty Ltd v Vero Insurance Limited [2012] NSWCA 213 Laugher v Pointer (1826) 5 B & C 547; 108 ER 204 OP Industries Pty Ltd v MMI Workers Compensation (NSW) Ltd (1998) 17 NSWCCR 193 Racing NSW v NSW Self Insurance Corporation (a continuance of the NSW Insurance Ministerial Corporation), trading as Treasury Managed Fund No. 1 [2008] NSWSC 6 Sydney Turf Club v Crowley (1972) 126 CLR 420 Transfield Services (Australia) v Hall; Hall v QBE Insurance (Australia) [2008] NSWCA 294 Category: Interlocutory applications Parties: Kylie Leanne Keeble (Plaintiff) Paul Murray (First Defendant) Murray Family Investments Pty Ltd t/as EB & DE Murray Family Trust (Second Defendant) Chris Behan (Third Defendant) Racing NSW (Fourth Defendant) ACE Insurance Ltd (Sixth Defendant) Representation: Counsel: B Phillips (Plaintiff) M Howling (Solicitor - First & Second Defendants) M Zakaria (Solicitor - Fourth Defendant) D Weinberger (Sixth Defendant) Solicitors: Slater & Gordon (Plaintiff) Gibson Howlin Lawyers (First and Second Defendants) Moray & Agnew (Fourth Defendant) DLA Piper Australia (Sixth Defendant) File Number(s): 2009/327349