The Owners - Strata Plan 69312 v Allianz Australia Insurance Limited

The case of Owners - Strata Plan 69312 versus Allianz Australia Insurance Limited involved a dispute where the plaintiff sought to amend their List Statement to include a claim for proportionate liability under section 34 of the Civil Liability Act 2002. The plaintiff argued that their action against the defendant insurer for indemnity was an apportionable claim for economic loss arising from a failure to take reasonable care. The case was heard in the Supreme Court of New South Wales.

The legal issue before the court was whether the plaintiff's claim for indemnity against the insurer for economic loss could be considered an apportionable claim under section 34 of the Civil Liability Act 2002. The court was required to determine if the plaintiff's action against the insurer fell within the scope of the statute, and if so, whether it could be apportioned according to the degree of fault. The court also had to consider the implications of the plaintiff's claim for indemnity in the context of the overall dispute.

In its decision, the court found that the plaintiff's claim for indemnity against the insurer for economic loss did not constitute an apportionable claim under section 34 of the Civil Liability Act 2002. The court held that the statutory provisions did not extend to claims for indemnity between insurers and insured parties. The court further found that the claim for indemnity was not an apportionable claim for economic loss arising from a failure to take reasonable care, as it did not fit within the legislative framework. As a result, the court denied the plaintiff's application to amend the List Statement to include the claim for proportionate liability.

Consequently, the court dismissed the plaintiff's application to amend the List Statement to include the claim for proportionate liability under section 34 of the Civil Liability Act 2002. The court's decision effectively precluded the plaintiff from pursuing the apportionable claim for indemnity against the insurer within the context of the existing legal framework.