Nicholas v Astute Hire Pty Ltd [2015] NSWSC 711

Supreme Court New South Wales

Medium Neutral Citation: Nicholas v Astute Hire Pty Ltd [2015] NSWSC 711 Hearing dates: 15 May 2015 Decision date: 05 June 2015 Jurisdiction: Common Law Before: Hall J Decision: (1) Leave granted to the defendant, Astute Hire Pty Ltd, to file and serve upon QBE Insurance Australia Limited the proposed Cross-Claim, a copy of which was marked MFI-1 dated 15 May 2015.

(2) Subject to any matter counsel may wish to raise, order that costs of and incidental to the application for leave to file the proposed Cross-Claim, be the applicant/defendant's costs in the cause. Catchwords: PROCEDURE – Civil – Personal injury proceedings – Plaintiff alleges liability of defendant for workplace accident – Application by defendant to join insurer of deregistered company to proceedings pursuant to s 601AG Corporations Act 2001 – Defendant proposed cross-claim against insurer - Whether there was a prima facie case of liability against deregistered company involved in workplace as subcontractor so as to allow claim against insurer – Whether there was an insurance policy in place – Prima facie case made out – Leave granted to defendant to join insurer under s 601AG Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Law Reform (Miscellaneous Provisions) Act 1946 Workers Compensation Act 1987 Cases Cited: Almario v Allianz Australia Workers Compensation (NSW) Insurance Ltd (2005) 62 NSWLR 148 Chatsworth Investments Ltd v Amoco (UK) Ltd [1968] 1 Ch 665 Dillingham Constructions Pty Ltd v Steel Mains Pty Ltd (1975) 132 CLR 323 Kelley v Western Pacific Insurance Ltd [2010] NSWSC 1397 Category: Procedural and other rulings Parties: Astute Hire Pty Ltd (Defendant/Applicant) QBE Insurance (Australia) Limited (Respondent/Proposed Cross-Defendant) Representation: Counsel: S Blount (Defendant/Applicant) TA Berberian (Respondent/Proposed Cross-Defendant)