Dopudj v FDC Construction and Fitout Pty Limited

The matter before the Court was an application by Dopudj, a plaintiff, against FDC Construction and Fitout Pty Limited, the defendant, in a personal injury claim. The plaintiff sought to add an additional defendant, an insurer, to the proceedings. The insurer had previously disclaimed liability due to the insured's non-disclosure. The insurer also raised a limitation defence. The plaintiff sought to overcome the insurer's limitation defence by invoking issue estoppel and Anshun estoppel.

The Court was required to determine whether the insurer could be added as a party to the proceedings, and whether the insurer's limitation defence could be overcome by issue estoppel and Anshun estoppel. The Court considered whether the insurer's disclaimer of liability was effective and whether the insurer had waived its right to rely on the limitation defence. The Court also considered whether the insurer's disclaimer of liability and limitation defence could be relied upon by the additional defendant in proceedings against the insured.

The Court held that the insurer could be added as a party to the proceedings. The Court found that the insurer's disclaimer of liability was effective and that the insurer had not waived its right to rely on the limitation defence. However, the Court held that the insurer's disclaimer of liability and limitation defence could not be relied upon by the additional defendant in proceedings against the insured due to issue estoppel and Anshun estoppel. The Court held that the insurer's disclaimer of liability and limitation defence were matters that were or could have been determined in the proceedings between the plaintiff and the insured, and that the additional defendant was estopped from relying on those matters in proceedings against the insured. The Court also held that the additional defendant was estopped from raising the insurer's disclaimer of liability and limitation defence by reason of the additional defendant's conduct in the proceedings between the insurer and the insured.

The Court ordered that the insurer be added as a party to the proceedings and that the insurer's disclaimer of liability and limitation defence could not be relied upon by the additional defendant in proceedings against the insured. The Court also ordered that the insurer's disclaimer of liability and limitation defence were matters that were or could have been determined in the proceedings between the plaintiff and the insured, and that the additional defendant was estopped from relying on those matters in proceedings against the insured. The Court further ordered that the additional defendant was estopped from raising the insurer's disclaimer of liability and limitation defence by reason of the additional defendant's conduct in the proceedings between the insurer and the insured.