Benajmin Dunn v Triple 'M' Fire Pty Limited [2014] NSWSC 1849

Supreme Court New South Wales

Medium Neutral Citation: Benajmin Dunn v Triple 'M' Fire Pty Limited [2014] NSWSC 1849 Hearing dates: 18 December 2014 Decision date: 19 December 2014 Jurisdiction: Common Law Before: Hamill J (as Duty Judge) Decision: (1) The trial date of 9 February 2015 is vacated subject to the plaintiff complying with order (2) below. (2) The plaintiff has leave to file an amended statement of claim on or before 9 January 2015 nominating the proposed insurer or second defendant. (3) The plaintiff is to pay the defendants costs of and incidental to the notice of motion. (4) The plaintiff is to pay the defendant's costs thrown away by the vacation of the hearing date. Catchwords: CIVIL LAW - application to vacate trial date - application to amend statement of claim -- desire to include second defendant - delay on both sides - proposed defendant in liquidation - requirement to identify insurer - relevant considerations - costs penalty Legislation Cited: Insurance Contract Act 1984 (Cth) Limitation Act 1969 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Wardley Australia Ltd v Western Australia [1992] HCA 55; 175 CLR 514 Category: Procedural and other rulings Parties: Benajmin Dunn (Plaintiff) Triple 'M' Fire Pty Limited (Defendant) Representation: Counsel: M Cranitch SC (Plaintiff) F Austin (Plaintiff) M McCulloch SC (Defendant) Solicitors: Byles Anjos Lawyers (Plaintiff) HWL Ebsworth Lawyers(Defendant) File Number(s): 2013/80101 Publication restriction: Nil