JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CHAMBERS
LOCATION: PERTH
CITATION: MOLLOY -v- BGC (AUSTRALIA) PTY LTD & ORS [2006] WADC 98
CORAM: MCCANN DCJ
HEARD: 5 MAY 2006
DELIVERED : 29 JUNE 2006
FILE NO/S: CIV 310 of 2001
BETWEEN: DOUGLAS JOHN MOLLOY
Plaintiff
AND
BGC (AUSTRALIA) PTY LTD
DefendantMANUFACTURERS MUTUAL INSURANCE LTD (NOW ALLIANZ AUSTRALIA INSURANCE GROUP)
First RespondentWESFARMERS FEDERATION INSURANCE LTD
Second Respondent
Catchwords:
Statutory interpretation - Construction of Corporations Act s 601AG and Insurance Contracts Act s 51(1)
Practice and procedure - Application to join insurers as third parties - Whether appropriate to summarily determine the merits of the proposed proceedings
Legislation:
Corporations Act 2001 (Cth), s 601AA, s 601AG
Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947, s 7(1)(c), s 7(2)
Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6
Supreme Court Act 1986 (Victoria), s 60
Company Law Review Act 1998 (Cth)
Insurance Contracts Act 1984 (Cth) s 51(1)
Workers Compensation and Rehabilitation Act 1981 (WA), s 93D(4)
Result:
Appeal allowed
Leave granted to issue third party notices
Representation:
Counsel:
Plaintiff: No appearance
Defendant: Ms A M I Schoombee
First Respondent : Mr N M Beech
Second Respondent : Mr N M Beech
Solicitors:
Plaintiff: Bradford & Co
Defendant: Blake Dawson Waldron
First Respondent : Lavan Legal
Second Respondent : Pynt & Partners
Case(s) referred to in judgment(s):
Almario v Allianz Australia Workers Compensation (NSW) Insurance Ltd (2005) 62 NSWLR 148
ASC v MacLeod [2000] WASCA 101
ASC v Marlborough Goldmines Limited (1993) 177 CLR 492
Australian Turf Industries Pty Ltd v Dalet Pty Ltd, unreported; FCt SCt of WA, Library No 980658, 12 November 1998
Bitumen and Oil Refineries (Australia) Ltd v Commissioner for Government Transport (1954‑1955) 92 CLR 200
Bull v Attorney General (NSW) (1913) 17 CLR 370
Campbell v Amaca Pty Ltd [2005] WASC 272
Findlay v Westfield Development Corporation Limited & Anor (1972) 1 NSWLR 422
Government Insurance Office (Qld) v Brisbane Stevedoring Pty Ltd (1969) 123 CLR 228
Hazart Pty Ltd v Rademaker (1993) 11 WAR 26
Hutchinson v ASIC (2001) 167 FLR 90
Langridge v Insurance Commission of Western Australia [2003] WASC 24
Littlewood v George Wimpey and Co Ltd and British Overseas Airways Corporation [1953] 2 QB 501
McDowell v Baker (1979) 144 CLR 413
National Mutual Fire Insurance Co Ltd v Commonwealth of Australia (1981) 1 NSWLR 400, 1 ANZ Insurance Cases 60-438
Nominal Defendant v Butler; Hartford Fire Insurance Co (1976) 1 NSWLR 546
Norsworthy v SGIG [1999] SASC 496
Pagnon v WorkCover Qld [2001] 2 Qd R 492
Port of Melbourne Authority v Anshun Pty Ltd (1980‑1981) 147 CLR 589
Re Brashs Pty Ltd (1994) 15 ACSR 477
State Government Insurance Office (Qld) v Crittenden (1996) 117 CLR 412
Sturk v SGIO Insurance Limited [2002] WADC 58
Suncorp Metway Insurance Ltd v Clonmel Pty Ltd [2000] QSC 135
Victorian WorkCover Authority v Esso Australia Limited (2001) 207 CLR 520
Vollstedt & Anor v Calibre Enterprises…
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- Case
- [2006] WADC 98
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the interpretation and application of sections 601AG of the Corporations Act and 51(1) of the Insurance Contracts Act. Specifically, the court had to determine whether the proposed proceedings against the insurers could be summarily decided based on the merits, or if a more formal application was necessary. The court also needed to assess whether it was appropriate to join the insurers as third parties and, if so, under what conditions.
The Federal Court, in its judgement, concluded that the plaintiff's application to join the insurers as third parties could be summarily determined. The court found that the merits of the proposed proceedings against the insurers could be assessed without a full hearing, as the statutory provisions and case law provided sufficient grounds for such a decision. The court emphasised the importance of ensuring that the insurers' interests were protected and that the proceedings were not unduly delayed. The court allowed the application on the condition that the insurers were provided with an opportunity to be heard and to respond to the allegations.
The final orders of the court included the allowance of Molloy's application to join the insurers as third parties, subject to the conditions set out in the judgement. The court further ordered that the insurers be notified of the proceedings and given a reasonable period to respond. This decision ensures that the insurers' rights and interests are adequately considered and protected in the proposed action against BGC.
Orders
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Background to the litigation
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Evidence Before The Court
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Legal Principle Established
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