Stewart v Nestle Australia Limited [2018] NSWSC 870

Supreme Court New South Wales

Medium Neutral Citation: Stewart v Nestle Australia Limited [2018] NSWSC 870 Hearing dates: 18 June 2018 Date of orders: 18 June 2018 Decision date: 18 June 2018 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave is granted to the defendant to have separate legal representation from the solicitors and counsel presently appearing for the defendant in order to defend the plaintiff's claim for damages from the defendant as "host employer" during the period 6 June 2010 to 26 May 2013.

(2) Both Zurich and Employers Mutual are to file defences by 16 July 2018.

(3) The matter is listed for directions before the Registrar at 9.00 am on 27 July 2018.

(4) Any orders for directions previously made are vacated.

(5) Costs are costs in the cause. Catchwords: PRACTICE AND PROCEDURE – application for separate representation – conflict of interest – whether additional and subsequent set of proceedings will arise if order for separate representation is not made – whether separate representation will assist the defendant in complying with its differing contractual obligations Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Elphick v Westfield Shopping Centre Management Co Pty Ltd [2011] NSWCA 356 Spotlight Pty Ltd v Maintek Roofing Pty Ltd [2017] NSWSC 165 Tindle v Ansett Transport Industries (Operations) (1990) 21 NSWLR 492 Category: Procedural and other rulings Parties: Michael Elliot Stewart (Plaintiff) Nestle Australia Limited (Defendant) Zurich Australian Insurance Limited (Interested Party) Representation: Counsel: M Hunt (Solicitor for Plaintiff) JL Harrison (Defendant) C Tingey (Solicitor for Zurich)