Mrdalj v Allianz Australia Insurance Limited [2019] NSWSC 101

Supreme Court New South Wales

Medium Neutral Citation: Mrdalj v Allianz Australia Insurance Limited [2019] NSWSC 101 Hearing dates: 15 February 2019 Date of orders: 15 February 2019 Decision date: 15 February 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The first defendant, Allianz Australia Insurance Limited, is granted leave pursuant to s 5(1) of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) to proceed against AAI Limited trading as GIO in substitution for the cross-defendant on the first cross-claim, ACN 119 491 511 Pty Ltd previously known as Calcono Pty Ltd (in liquidation) under s 4 of the Act;

(2) Allianz is granted leave pursuant to rules 19.1 and 19.2 of the Uniform Civil Procedure Rules 2005 (NSW) to file and serve an Amended First Cross-Claim, naming Allianz as the cross-claimant and GIO as the cross-defendant in the form annexed to the affidavit in support of the Notice of Motion, within seven days;

(3) GIO is to pay the costs of and incidental to the first defendant's application on the ordinary basis;

(4) The plaintiff is granted leave pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) to proceed against AAI Limited trading as GIO in substitution of Calcono Pty Ltd, ACN 119 491 511;

(5) Calcono Pty Ltd, which is externally administered and in liquidation and now known as ACN 119 491 511 Pty Ltd, be substituted by its insurer AAI Limited trading as GIO, as a defendant, pursuant to s 4 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW);

(6) The plaintiff has leave to proceed against the entity referred to in paragraph 5 above;