Burwood Council v Jardine Lloyd Thompson Pty Ltd [2019] NSWSC 268

Supreme Court New South Wales

Medium Neutral Citation: Burwood Council v Jardine Lloyd Thompson Pty Ltd [2019] NSWSC 268 Hearing dates: 23 July 2018 Date of orders: 14 March 2019 Decision date: 14 March 2019 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following orders:

(1) The Council shall file short minutes of order reflecting this judgment within 14 days of the publication of this judgment.

(2) In the event that the short minutes of order do not reflect consent as to the question of costs, costs are reserved.

(3) In the event costs are reserved, the parties shall provide a program to deal with any issues as to costs within 21 days of the publication of this judgment. Catchwords: CIVIL PROCEDURE – summary dismissal – strike out – unincorporated association – mutual self-insurance scheme – indemnity under contracts of insurance – whether cause of action pleaded – proper person to sue – principal under the self-insurance scheme – parties to the self-insurance scheme – membership of the self-insurance scheme – join association by deed with moving party – contract with many parties – whether moving party has management and control of the self-insurance scheme – defects in pleadings – whether cure by legitimate amendment – action not untenable that cannot succeed – debatable questions of law – mixed questions of fact and law – costs – orders Legislation Cited: Local Government Act 1993 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Anglican Development Fund Diocese of Bathurst in its own capacity and in its capacity as trustee of the Anglican Development Fund Diocese of Bathurst (receivers and managers appointed) v The Right Reverend Ian Palmer, Bishop of The Diocese of Bathurst; Commonwealth Bank of Australia v The Right Reverend Ian Palmer, Bishop of The Diocese of Bathurst (2015) 336 ALR 372; [2015] NSWSC 1856 Brimson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority [2018] NSWSC 157 Renshaw v New South Wales Lotteries Corporation Pty Ltd [2018] NSWSC 1954 Trustees of the Roman Catholic Church for the Archdiocese of Sydney v Ellis (2007) 70 NSWLR 565; [2007] NSWCA 117 Texts Cited: K L Fletchers, The Law Relating to Non-Profit Associations in Australian and New Zealand (Sydney Law Book Co, 1986) Category: Procedural and other rulings Parties: Burwood Council (Cross-Claimant / Respondent) Jardine Lloyd Thompson Pty Ltd (Cross-Defendant / Applicant on Motion) Representation: Counsel: M Wright SC with Mr D Robertson (Cross-Claimant / Respondent) R Sheldon SC (Cross-Defendant / Applicant on Motion)