Morris v Betcke x 2

In *Morris v Betcke x 2*, the claimant sought to join an insurer as an additional defendant in proceedings pursuant to section 6 of the *Law Reform (Miscellaneous Provisions) Act 1946* (NSW) and section 51 of the *Insurance Contracts Act 1984* (Cth). The core dispute concerned whether the claimant had an arguable case for indemnity under an insurance policy.

The Court of Appeal was required to determine the meaning of "entered into contract of insurance" within section 6 of the *Law Reform (Miscellaneous Provisions) Act* and the meaning of "the insured" in section 51 of the *Insurance Contracts Act*. Specifically, the court considered whether these provisions could extend to include beneficiaries of a contract of insurance, not just the direct parties to the policy.

The Court of Appeal dismissed the appeal, upholding the primary judge's decision. The reasoning focused on the interpretation of the relevant legislative provisions. The court found that the claimant had not established an arguable case for indemnity under the policy, which was a prerequisite for joining the insurer. Consequently, leave to appeal was granted, but the appeal itself was dismissed. The claimant was ordered to pay the opponent's costs of the application for leave to appeal and the appeal.