Insurance Australia Limited v Dent [2019] NSWCA 134

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Insurance Australia Limited v Dent [2019] NSWCA 134 Hearing dates: 22 May 2019 Decision date: 07 June 2019 Before: Basten JA at [1]; Gleeson JA at [6]; McCallum JA at [53] Decision: (1) Grant leave to appeal.

(2) Appeal allowed.

(3) Direct the applicant to file a notice of appeal in the form contained in the White Book within 7 days.

(4) Set aside orders 1 and 2 made by the primary judge on 6 September 2018, and in place order:

(a) Grant leave to Insurance Australia Limited to be joined as a party to the proceedings in the District Court No 2018/297094 pursuant to s 79 of the Motor Accidents Compensation Act 1999 (NSW);

(b) Costs of the joinder application are the intervenor's costs in the proceedings.

(5) The applicant to pay the first respondent's costs of the proceedings in this Court. Catchwords: APPEAL – leave to appeal – whether insurer should be joined as party to District Court proceedings against insured driver – Motor Accidents Compensation Act 1999 (NSW), s 79 – where real possibility of conflict between interests of insurer and insured driver Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 District Court Act 1973 (NSW), s 127 Motor Accidents Act 1988 (NSW), s 47A Motor Accidents Compensation Act 1999 (NSW), ss 3, 3A, 10, 16, 20, 23, 78, 79 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Leichhardt Municipal Council v Green [2004] NSWCA 341 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 SAS Trustee Corporation v Miles [2018] HCA 55; (2018) 92 ALJR 1064 The King v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141; [1945] HCA 50 Category: Principal judgment Parties: Insurance Australia Limited ABN 11 000 016 722 Trading as NRMA Insurance (Applicant) Stephen Douglas Dent (First Respondent) Braham Murray Williams (Second Respondent) Representation: Counsel: Mr G M Jensen (Applicant) Mr B Dooley SC (First Respondent) Mr Williams (Self-represented) (Second Respondent)