Sun -v- Price, [2018] IEHC 201 (2018)

Docket Number:2017 6720 P
Party Name:Sun, Price
 
FREE EXCERPT

THE HIGH COURT2017 No. 6720 P

Between:

BIN SUNPlaintiff– and –

JASON PRICE and JOHN PRICEDefendants

JUDGMENT of Mr Justice Max Barrett delivered on 19th April, 2018.

  1. The claim at the heart of the within proceedings concerns an alleged road traffic accident which is alleged to have occurred on or about 5th February, 2016, at or near the Dublin Road in the City of Limerick. It is claimed that Mr Sun was travelling as a passenger in a motor vehicle being driven by a Mr Woodland which was allegedly collided into from the rear by a vehicle owned by Mr Jason Price and allegedly being driven by Mr John Price.

  2. At the time of the alleged accident, Mr Jason Price was the holder of a policy of insurance with Bump Insurance; Mr John Price was a named driver on that policy. Bump has apparently conducted an investigation into the accident and has a number of concerns in relation to the alleged accidental nature of the incident from which the claim arises. Based on that investigation, Bump has decided to refuse the provision of an indemnity to the defendants in respect of the alleged accident.

  3. Bump wishes to bring various matters to the attention of the court of trial in the within proceedings which, it considers, may be of assistance to the court in reaching a determination in respect of the events at the heart of the within proceedings. For example, Bump alleges that (a) some of the occupants in each of the vehicles are known to each other; and (b) Mr John Price is a lifelong friend of Mr Woodland, the driver of the vehicle in which Mr Sun was travelling.

  4. Bump is concerned that if Mr Sun is successful in his action, he will then invoke the provisions of s.76 of the Road Traffic Act 1961 against Bump so as to seek of it any amount that is awarded against the existing defendants. Bump therefore seeks to be joined to the within proceedings, having previously made a failed application in this regard before the Master, which failed application has prompted the within appeal. More particularly, Bump seeks the following reliefs by way of notice of motion: (i) if necessary, an order extending time for the bringing of an appeal against the decision of the Master of 1st December, 2017; (ii) an order setting aside the decision of the Master of said date; (iii) an order that Bump be joined as a co-defendant in the within proceedings; (iv) an order granting leave to Bump to file a defence or such other documents as to the court seem meet; (v) if necessary, an order directing...

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