A judge has refused an insurer’s application to have legal representation in court alongside its insureds as they face a negligence case.

The WA Supreme Court had to consider whether a defendant could be represented by more than one lawyer, and Justice Larissa Strk says AAI’s application was “novel in this court”.

The negligence case involves action against 11 defendants, including miners, construction companies and labour hire groups.

Agokk Agokk is suing the companies that employed him between 2016 and last year, saying he was exposed to respirable crystalline silica.

AAI, trading as Vero, is on risk for the claim against three of the defendants and sought leave to represent them.

Justice Strk weighed the prejudice to AAI’s insureds against that to Mr Agokk, who opposed the application.

The judge said: “I do not consider that the interests of justice in this case require dual representation to be granted.”

The case is well advanced, with a mediation conference listed for November.

Mr Agokk, 39, has been diagnosed with Erasmus syndrome and progressive pulmonary fibrosis, systemic sclerosis, pulmonary hypertension and severely restricted lung function, severe pain and suffering, shock, anxiety, depression and psychological reaction to his physical injuries.

Early last month he was in hospital and a report from his respiratory physician was pending.

Justice Strk says it is unusual to allow individuals or corporations that are not parties to participate in court proceedings. Allowing others to intervene could add to time and cost.

The issue of liability to indemnify is a separate and distinct issue between insured and insurer, and if there is a dispute about it, the insured can sue its insurer, as is the usual course, she says.

Two of AAI’s insureds – Watpac and NRW – have filed defences and are represented by different law firms, and the third, Protech, has yet to file a defence.

AAI had told Watpac it subrogated it rights – or stepped into its shoes – but Justice Strk says Watpac has advised it is “fully” taking part in the proceedings.

Read the judgment here.