Lees v Hallew Pty Limited [2015] NSWDC 357

District Court New South Wales

Medium Neutral Citation: Lees v Hallew Pty Limited [2015] NSWDC 357 Hearing dates: 13-14 August 2015 Date of orders: 14 August 2015 Decision date: 14 August 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Leave to the plaintiff to join CIC Allianz Insurance Ltd as second defendant

Plaintiff to file and serve amended statement of claim properly pleading the plaintiff's case against the second defendant and making any consequential amendments against first defendant within 28 days

Leave to first defendant to file and serve amended defence, if that be necessary, within 28 days of service of amended statement of claim

Second defendant to file defence within 28 days of service of amended statement of claim

Cross-claim of first defendant to be filed at time for filing amended defence

Cross-claim of second defendant to be filed at time of filing defence

Costs of this application be costs in the cause

Directions hearing on 27 August 2015 vacated.

Stood over to case management directions hearing on 15 October 2015 Catchwords: CIVIL PROCEDURE – Application for leave to join defendant – Motor Accidents Compensation Act 1999 claim – Whether plaintiff's likely damages meet statutory threshold - Whether apportionment of liability between the first and second defendants to be taken into account Legislation Cited: Motor Accidents Compensation Act 1999 Passenger Transport Act 1990 Transport Administration Act 1988 Cases Cited: Reeves v Reeves [2002] NSWCA 181 Category: Procedural and other rulings Parties: Pamela Lees (Plaintiff) Hallew Pty Limited (Defendant) CIC Allianz Insurance Ltd (Proposed 2nd defendant) Representation: Counsel: Mr P Reggateri (Plaintiff) Mr D Hanna (Proposed 2nd defendant)