› application to amend defence to plead contributory negligence
› whether admission during pre-litigation compulsory processes precludes an insurer from adopting a different position once proceedings have been commenced.
Statutory Interpretation
› Road Transport (Third-Party Insurance) Act 2008 (ACT), Pt 4.2
› Whether statute precludes an insurer who does not raise contributory negligence before litigation commences from subsequently pleading contributory negligence in its defence
Case Details
Citation[2019] ACTSC 98
CourtACTSC
JurisdictionAustralian Capital Territory
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