Insurance Australia Limited v Dent

[2019] NSWCA 134

NSW Court of Appeal

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Interrogate

Catchwords

1. Insurance
2. › Compulsory third-party insurance
3. › Motor vehicle accidents
4. › Joinder of insurer as party to proceedings
5. › Whether insurer should be joined under s 79 of Motor Accidents Compensation Act 1999 (NSW)
6. › Whether real possibility of conflict between interests of insurer and insured driver
7. › Motor Accidents Compensation Act 1999 (NSW), ss 3A, 10, 16, 20, 23, 78, 79
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › New point raised on appeal
5. › Whether Court of Appeal should re-exercise discretion
6. › District Court Act 1973 (NSW), s 127
1. Practice and Procedure
2. › Costs
3. › Successful appellant ordered to pay respondent's costs
4. › Where point on which appellant succeeded not raised below
5. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Quick Take

A real possibility of conflict of interest between a CTP insurer and the insured driver is sufficient to justify joinder of the insurer as a party under s 79 of the Motor Accidents Compensation Act 1999 (NSW), and in the absence of countervailing considerations, joinder should be granted.