Cobie Ann Moore v Richard McKiernan [2017] NSWSC 1520

Supreme Court New South Wales

Medium Neutral Citation: Cobie Ann Moore v Richard McKiernan [2017] NSWSC 1520 Hearing dates: 8 September 2017 Date of orders: 10 November 2017 Decision date: 10 November 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave is granted to the plaintiff to commence proceedings against CGU Insurance Limited.

(2) An amended statement of claim joining CGU Insurance Limited as second defendant is to be filed and served within 28 days.

(3) GGU Insurance Limited is to pay the plaintiff's costs of the notice of motion filed 8 September 2017. Catchwords: CIVIL PROCEDURE – application for leave to commence proceedings against insurer – discretion –whether common law requirements of s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 are satisfied –whether it is arguable the policy responds Legislation Cited: Civil Liability (Third Party Claims against Insurers) Act 2017 (NSW), ss 4 and 5 Civil Procedure Act 2005 (NSW), s 3 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6 Limitation Act 1969 (NSW), s 11 Uniform Civil Procedure Rules 2005 Cases Cited: AFG Insurances Ltd v Andjelkovic (1981) 54 FLR 398 Chubb Insurance Company of Australia Ltd v Moore (2013) 302 ALR 101 Eastern Creek Holdings Pty Limited v Axis Specialty Europe Limited [2010] NSWSC 840 Energize Fitness Pty Ltd v Vero Insurance Ltd [2012] NSWCA 213 Guild Insurance Ltd v Hepburn [2014] NSWCA 400 McMillan v Mannix (1993) 31 NSWLR 538 Neetmanski & Child Support Registrat and Neetmanska [2009] FMCAFAM 200 New South Wales Medical Defence Union v Crawford (1993) 31 NSWLR 469 Oswald v Bailey (1987) 11 NSWLR 715 Peterson Superannuation Fund Pty Ltd v Bank of Queensland Limited [2017] FCA 699 Tzaidas v Child (2014) 61 NSWLR 18 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 3 May 2017 New South Wales, Law Reform Commission, Third Party Claims on Insurance Money, (November 2016) Peter Nygh and Peter Butt (eds), Encyclopaedic Australian Legal Dictionary, 2011, LexisNexis Category: Procedural and other rulings Parties: Cobie Ann Moore (Applicant) CGU Insurance Ltd (First Respondent) Representation: Counsel: GM Watson SC with S McCarthy (Applicant) MJ Windsor SC with B Kelleher (First Respondent)