PRACTICE AND PROCEDURE – representative proceedings pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) – interlocutory application for an order pursuant to r 9.05 of the Federal Court Rules 2011 (Cth) that the insurer of the respondent be joined to the proceeding as the second respondent – interlocutory application for leave pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) to bring and continue the proceeding against the insurer of the respondent – application for leave to file and serve amended originating application and amended statement of claim – consideration of whether affixation of allegedly combustible cladding constitutes property damage within the scope of the second respondent’s insurance policies – consideration of expert evidence regarding methods of cladding affixation and removal – found that cladding removal will cause damage to applicant’s property, including requiring removal of top hat structure and remediation of building prior to affixation of replacement cladding – found that affixation of panels makes property less suitable for intended residential purpose – found that damage caused to building at moment of affixation of cladding – leave to proceed against insurer and to amend pleadings granted
