Gilmore v The Trustee for Australia 3x3 Hustle Discretionary Trust trading as 3x3 Hustle

The case of Gilmore v The Trustee for Australia 3x3 Hustle Discretionary Trust trading as 3x3 Hustle involved a plaintiff who suffered injuries during a modified basketball tournament. The tournament was organised by 3x3 Hustle, a corporate entity that was no longer registered, leaving no prospect for recovery from it. The plaintiff sought leave to proceed against the insurer of the tournament host, as the parties agreed that it was arguable that the insurer may be liable for the injuries under the proper construction of the insurance policy, despite the insurer's contrary view.

The central legal issue before the court was whether the plaintiff could be granted leave to proceed against the insurer of the tournament host. This required the court to consider whether it was arguable that the insurer could be held liable under the insurance policy for the injuries suffered by the plaintiff. The court also needed to assess whether the plaintiff's case against the insurer was viable given the circumstances of the case, including the fact that the tournament host was no longer registered and there was no prospect of recovery from it.

The court held that it was arguable that the insurer may be liable for the plaintiff's injuries. The insurer's advised view was not determinative of the issue, and the court found that the parties' agreement on the arguability of the claim was sufficient. The court granted leave to the plaintiff to proceed against the insurer, noting that the application was unopposed by the defendant. The court concluded that the plaintiff's case against the insurer was viable, and the insurer's liability under the insurance policy was a matter that needed to be determined in further proceedings.

The final order of the court was to grant leave to the plaintiff to proceed against the insurer of the tournament host, allowing the plaintiff to pursue the claim against the insurer. The court did not make any other orders or provide further directions regarding the proceedings against the insurer.