Voitenko v Zurich Australian Insurance Ltd [2019] NSWCA 229 (16 September 2019) (Meagher JA; McCallum JA)


Catchwords:


CIVIL PROCEDURE – application for leave to appeal from decision granting leave to amend defence – insurance dispute – claim in respect of property damaged by fire – belated application by insurer to plead arson – no reference in primary judgment to part 6 of Civil Procedure Act – whether primary judge erred in failing to have regard to presumptive prejudice – whether primary judge erred in his approach to the defendant’s explanation for the delay in bringing the application