Bettergrow Pty Ltd v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid [2017] NSWSC 658

Supreme Court New South Wales

Medium Neutral Citation: Bettergrow Pty Ltd v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid [2017] NSWSC 658 Hearing dates: 22 May 2017 Decision date: 22 May 2017 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Declare that first defendant entitled to select legal representation independent of its insurer Catchwords: PRACTICE AND PROCEDURE – where first defendant represented by solicitors retained by its insurer – where first defendant wishes to make claim against that insurer – whether leave should be granted permitting first defendant to have separate representation for the purpose of prosecuting its claim against the insurer – whether preferable course is to declare that first defendant is entitled to appoint a legal representative independent of its insurer Cases Cited: Elphick v Westfield Shopping Centre Management Company Pty Ltd [2011] NSWCA 356 Category: Procedural and other rulings Parties: NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid (Applicant/First Defendant) Bettergrow Pty Limited (First Respondent/Plaintiff) Powercor Network Services Pty Ltd (Second Respondent/Defendant) TTR Construction & Excavation Pty Limited (in liq) (Third Respondent/Defendant) On-Line Pipe & Cable Locating Pty Limited (Fourth Respondent/Defendant) Representation: Counsel: D Priestley SC (Applicant/First Defendant) (on instructions from the insurers for TransGrid) T Mehigan (Applicant/First Defendant) (on instructions from TransGrid) A Shearer (Second Respondent/Defendant)