NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Wigge v Allianz Australia Insurance Ltd [2020] NSWSC 150 Hearing dates: 26 February 2020 Decision date: 27 February 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Grant leave to the plaintiff pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) to continue the proceedings against Allianz Australia Insurance Limited as first defendant.
(2) Order that the costs of the defendant's notice of motion for strike out of the pleadings filed on 3 July 2019 and the cost of the plaintiff's notice of motion for leave filed on 23 August 2019 be costs in the cause. Catchwords: INSURANCE — Liability insurance — Public liability — leave to continue proceedings against insurer
CIVIL PROCEDURE — Pleadings — Striking out Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), ss 4, 5 Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, s 60 Cases Cited: Murphy, McCarthy & Associates Pty Ltd v Zurich Australian Insurance Ltd [2018] NSWSC 627 Ritchie v Advanced Plumbing and Drains Pty Ltd [2019] NSWSC 1028 Zaki v Better Buildings Constructions Pty Ltd [2017] NSWSC 1522 Category: Procedural and other rulings Parties: Susanne Wigge (Plaintiff) Allianz Australia Insurance Ltd (First Defendant) Kathryn McCusker (Second Defendant) Representation: Counsel: A J Stone SC (Plaintiff) N Polin SC (First Defendant) P Bennett (Second Defendant)
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