Justice Gaudron decided without reference to privity of contract, she held that because Trident had accepted an agreement of consideration for a promise to benefit the third party, it was under an obligation to McNiece to fulfill that promise and that McNiece had a right to bring an action to secure the benefit of that promise. Justice Toohey held that where there is a public liability indemnity policy issued within a situation where parties have shown an intention for third parties to indemnified, the third party whom ordered their affairs in reasonable reliance were indemnified under the policy and were entitled to sue on the policy. The minority of the court, who were Brennan, Deane and Dawson JJ rejected the abolition of the doctrine of
