An insurer joined under s 6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) has no separate limitation defence where proceedings have been commenced against the insured within time or as extended. Time commences to run against the insurer at the same time as against the insured, and ceases to run when proceedings are commenced against either the insured or the insurer, whichever comes first. Leave under s 6(4) is a procedural requirement for enforcement, not an essential element of the statutory cause of action. Section 60I(1)(a)(iii) of the Limitation Act 1969 encompasses lack of awareness of the identity of the relevant defendant.
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