Corrigan v Richard Crookes Constructions Pty Ltd [2020] NSWSC 237

Supreme Court New South Wales

Medium Neutral Citation: Corrigan v Richard Crookes Constructions Pty Ltd [2020] NSWSC 237 Hearing dates: 11 March 2020 Date of orders: 11 March 2020 Decision date: 11 March 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The first defendant is granted leave, pursuant to s 22 of the Civil Procedure Act 2005 (NSW), to file and serve a cross-claim against CGU Insurance Limited. (2) The first defendant inform the other parties whether it is the first defendant's position that it is ready and willing to proceed with the mediation in good faith by 5.00pm today, that is proceed with the mediation on Friday 13 March 2020. (3) If not, then the first defendant should inform the other parties and the mediator Mr Caporale by 5.00pm that it is not ready to proceed, and it should seek the consent of the other parties to vacate the mediation date on Friday 13 March 2020. (4) If the first defendant informs the parties that it is not in a position to proceed with the mediation in good faith on Friday, 13 March 2020, then the parties should proceed to a mediation prior to 31 May 2020 and if there is some issue as to dates as to availability between the plaintiff's counsel and the other parties, then the plaintiff's counsel should get priority. (5) The first defendant pay the plaintiff's costs of the motion before the Court today. (6) The first defendant pay the second defendant's costs of the Motion. (7) The question of costs of the motion between the first defendant and CGU Insurance Limited be reserved. (8) There be no order as to costs of the mediation. Catchwords: CIVIL PROCEDURE — cross-claims — against third party — for contribution or indemnity Legislation Cited: Civil Procedure Act 2005 (NSW), s 22 Category: Procedural and other rulings Parties: Daniel Corrigan (Plaintiff) Richard Crookes Constructions Pty Ltd (First Defendant/Applicant) Form International Pty Ltd (Second Defendant) CGU Insurance Limited (Second Respondent) Representation: Counsel: T McKenzie (Plaintiff)