Damm v Coastwide Site Services Pty Ltd [2018] NSWSC 611

Supreme Court New South Wales

Medium Neutral Citation: Damm v Coastwide Site Services Pty Ltd [2018] NSWSC 611 Hearing dates: 27 April 2018 Decision date: 27 April 2018 Jurisdiction: Common Law Before: McCallum J Decision: Leave granted to the plaintiff to join Tokio Marine Kiln Syndicates and QBE Underwriting Limited as defendants in the proceedings pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act; Tokio Marine Kiln and QBE Underwriting Limited to file a defence within 28 days; proceedings stood over to 5 June 2018; costs of the plaintiff's motion to be costs in the cause; costs of Leighton's motion to be dealt with on the adjourned date Catchwords: CIVIL LIABILITY – defendant company deregistered on its own application after commencement of proceedings and after bringing its own cross-claim – duelling applications to address complications created by that event – plaintiff seeking to join insurers to stand in shoes of deregistered company – cross-defendant seeking to have company reinstated to register – appropriateness of adjourning application for reinstatement Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), ss 4, 5 Civil Procedure Act 2005 (NSW), s 56 Corporations Act 2001 (Cth), s 601AH(2) Uniform Civil Procedure Rules 2005 (NSW), r 6.19 Category: Procedural and other rulings Parties: Nga Marcus Damm (plaintiff) Coastwide Site Services Pty Ltd (first defendant) Leighton Contractors Pty Ltd (second defendant) Hauv's Rigging Pty Limited (third defendant) Workers Compensation Nominal Insurer (fourth defendant) Representation: Counsel: M Baroni (plaintiff) K McMenamen (second defendant) D Lloyd (Tokio Marine Kiln Syndicates, QBE Underwriting Limited (proposed defendants))