Full Court Minute Books

Case M221/2015

CGU Insurance Limited v. Blakeley & Ors

Case No.


Case Information

Lower Court Judgment

19/06/2015 Supreme Court of Victoria (Court of Appeal) (Ashley, Beach & McLeish JJA)

[2015] VSCA 153


Procedure – Joinder of third parties – Where declaratory relief was sought by first respondent against appellant – Where first respondent was stranger to insurance contract between appellant and second to fifth respondents – Whether Court has jurisdiction to declare the rights and obligations of parties under a contract of insurance where declaration is sought by a third party and the parties to the contract do not intend to pursue any claim relating to their rights or obligations under the contract – Whether such a declaration would bind parties to the contract as a matter of res judicata or finally determine their rights and obligations pursuant to the contract – Whether Court has jurisdiction to make a declaration about the meaning of a contract at the suit of a third party on the grounds of “practical utility”.

Short Particulars


11/09/2015 Hearing (SLA, Melbourne)

25/09/2015 Notice of appeal

16/10/2015 Written submissions (Appellant)

19/10/2015 Chronology (Appellant )

06/11/2015 Written submissions (First and Second Respondents)

20/11/2015 Reply

09/12/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

11/02/2016 Judgment (Judgment summary)