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Chubb Joinder

On 25 March the McConnell Plaintiff filed and served supplementary evidence on relevant parties in support of its Chubb Joinder Motion, in advance of Chubb filing its reply evidence due 27 March.

On 27 March, prior to it filing any reply evidence, Chubb offered to join the McConnell Proceeding as third defendant, and the Nakali Proceding as second Defendant, on the condition it:

(a)        not be required to take any step in the proceedings until after mediation; and

(b)        there be no cost orders in respect of the Chubb Joinder Motion. The plaintiffs in both proceedings consented to this offer.

The parties subsequently agreed prior to the 29 March, for His Honour Justice Hammerschlag to make orders, among others that:

(a)        the Plaintiffs be granted leave to join Chubb into the proceedings under s 5 of the Civil Liability (Third Party Claims against Insurers Act 2017)(NSW);

(b)        the Plaintiffs have leave to file an Amended Summons and Amended Commercial List Statement reflecting Chubb’s joinder by 5 April;

(c)        No order as to costs on the Chubb Joinder Motion; and

(d)        The Plaintiff’s Amended Settlement Approval Motion dated 1 November listed for 29 March 2019 be stood over to 21 June 2019 (after mediation is completed).


The parties, Chubb and the class action funders have otherwise agreed to participate in a mediation on 12 June 2019 (Mediation Date) before the Hon Mr Jacobson QC.

It is expected that all outstanding issues between the parties, including the Settlement Approval motion concerning the SurfStitch DoCA and distribution to the class action group members, will be ventilated at the mediation.

Please continue to check our website for regular updates.

Should you have any queries, please contact a member of our team.


Glenn McGowan QC

Partner & Chief Counsel

Rebecca Di Rago



This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.

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