Plaintiff’s access to defendant insurance

CGU Insurance Limited v Blakeley [2016] HCA 2

A claimant liquidator was allowed to join the defendants’ insurer to the proceeding, in circumstances where the defendants were not going to pursue the insurance claim.

The High Court of Australia upheld orders granting claimant liquidators the right to join the defendants’ insurer to the proceeding, to pursue the claim against the defendants’ insurer (who had rejected the defendants’ insurance claim). In dismissing the insurer’s High Court appeal, the High Court reviewed sections 562, 588G and 588M of the Corporations Act (Cth), and considered state and federal jurisdictions over those provisions by virtue of section 79 of the Judiciary Act (Cth).

This summary is only an indication of the court’s decision, and is not advice. More considered and customised analysis and advice should be sought from Harwood Andrews or another law firm before the summary is relied on for any decision or conduct.

This case may open up several new ways to utilise a defendant’s insurance, and Harwood Andrews has some creative ways this decision can be used to plaintiffs’ benefit. To discuss the possibilities in this regard, or any other aspect of this case, please contact:

Ali Erskine
Principal
Harwood Andrews
T03 5226 8524
E  aerskine@ha.legal

Stephanie Davies
Lawyer
Harwood Andrews
T  5225 5229
E  sdavies@harwoodandrews.com.au