Mrdajl v Southern Cross Constructions (NSW) Pty Ltd (In Liq) [2018] NSWSC 161

Supreme Court New South Wales

Medium Neutral Citation: Mrdajl v Southern Cross Constructions (NSW) Pty Ltd (In Liq) [2018] NSWSC 161 Hearing dates: 8 February 2018 Date of orders: 21 February 2018 Decision date: 21 February 2018 Jurisdiction: Common Law Before: Walton J Decision: (1) The notice of motion is dismissed; and (2) The applicant shall pay the costs of the respondent on the notice of motion as agreed or as assessed. Catchwords: PRACTICE AND PROCEDURE – Civil Liability (Third Party Claims Against Insurers) Act 2017 – application– substitution of insurers in certain circumstances – application for leave pursuant s 5 – requirements of s 4(1) – jurisdictional facts –construction of ss 4 and 5 – insufficient evidence – application refused with costs Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Cases Cited: Zaki v Better Buildings Constructions Pty Limited [2017] NSWSC 1522 Category: Principal judgment Parties: Milorad Mrdajl (Plaintiff / Applicant) Southern Cross Constructions (NSW) Pty Ltd (In Liq) (First Defendant) Calcono Pty Ltd (Second Defendant) Workers Compensation Nominal Insurer (Third Defendant) AAI Limited t/as Suncorp Insurance (Respondent) Representation: Counsel: F D Curren (Plaintiff / Applicant) W Reynolds (Respondent)

Solicitors: Carters Law Firm (Plaintiff / Applicant) Wotton Kearney (First Defendant) HWL Ebsworth (Third Defendant) Moray & Agnew (Respondent) File Number(s): 2014/148359