Opposing service of a conditional certificate of readiness

We acted for an insurer in successfully opposing the service of a conditional certificate of readiness in which the plaintiff reserved their right to serve further material after the execution of the certificate. The court agreed with our argument that section 139 of the Road Transport (Third Party Insurance) Act required the parties to serve a certificate that the matter is in all respects ready for hearing and for the conference. (McIntosh v Hikechukwu [2011] ACTSC 131)


Related Articles

RECENT APPEAL DECISION CONFIRMS S151Z RECOVERIES WILL SUCCEED IN ‘BLAMELESS ACCIDENT’ CLAIMS

Motor Vehicle Directions

State of NSW v Wenham [2016] NSWSC 336 Decision of the NSW Court of Appeal on 5 December 2016 (Beazley ACJ, Meagher…

Continue reading

Insurer recovers reasonable settlement costs from intoxicated insured

Legal Directions

Suncorp Metway Insurance Limited v Ruckman [2012] QSC 100 Background In this case, the Supreme Court of Queensland found that, when…

Continue reading

Offers of compromise, costs and interest

Motor Vehicle Directions

On 21 February 2011, the plaintiff* commenced proceedings in the District Court seeking damages for personal injury loss arising out of…

Continue reading