The Christian and Missionary Alliance of Australasia Property Trust v Alameddine [2014] NSWLC 17

Local Court New South Wales

Medium Neutral Citation: The Christian and Missionary Alliance of Australasia Property Trust v Alameddine [2014] NSWLC 17 Hearing dates: 28/08/2014 Decision date: 02 October 2014 Jurisdiction: Civil Before: Magistrate C O'Brien Decision: Orders: i. Pursuant to s 6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW), grant leave to the plaintiff to proceed against the third defendant. ii. That Insurance Australia Limited t/as NRMA Australia (ACN 000 016 722) be joined as the third defendant. iii. Grant leave to the plaintiff to file an Amended Statement of Claim in the form served on the solicitors for the third defendant on 10 July 2014, such claim to be filed in the Registry within 14 days. iv. That the default judgment entered against the second defendant on 27 August 2013 be set aside. v. That costs of the motion are to be costs in the cause. Catchwords: CIVIL PROCEEDINGS - Notice of Motion - joinder of parties - joinder of insurers - s 51, Insurance Contracts Act - grant of leave under s 6(4), Law Reform (Miscellaneous Provisions) Act 1946 - legislative purpose -principles relevant to the granting of leave - whether there is a viable defendant Legislation Cited: Civil Procedure Act 2005 Insurance Contracts Act 1984 (Cth) Law Reform (Miscellaneous Provisions) Act 1946 Road Transport Act 2013 Uniform Civil Procedure Rules 2005 Cases Cited: Bailey v NSW Medical Defence Union Ltd (1995) 184 CLR 399 Bede Polding College v Limit (No. 3) Ltd [2008] NSWSC 887 Energize Fitness Pty Ltd v Vero Insurance [2012] NSWCA 213 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Kinzett v McCourt [1999] NSWCA 7; (1999) 46 NSWLR 32 National Mutual Fire Insurance Company Limited v Commonwealth [1981] 1 NSWLR 400 New South Wales Medical Defence Union Ltd v Crawford (1993) 31 NSWLR 469 Oswald v Bailey (1987) 11 NSWLR 715 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1991) ASC 56-033 Tzaidas v Child [2004] NSWCA 252 Zhang v Minox Securities Pty Ltd [2008] NSWSC 689 Texts Cited: C McCarthy, "Third Party Access to Insurance policies and Joinder of Insurers" (1999) 11 Insurance Law Journal 46 Category: Interlocutory applications Parties: The Christian and Missionary Alliance of Australasia Property Trust (ACN 46 000 786 023) (applicant/ plaintiff) Auday Alameddine (first respondent/ first defendant) Xinlia Ma (aka Xinli Ma) (second respondent/ second defendant) Insurance Australia Limited (trading as NRMA) (third respondent/ third defendant) Representation: Mr Alexander for the plaintiff/ applicant Mr Fernie for the first defendant/ first respondent Mr Carolan for the third defendant/ third respondent No appearance for second defendant/ second respondent File Number(s): 2013/145466 Publication restriction: Nil