Federal Court of Australia
CATCHWORDS INSURANCE - "claims made and notified" policy - insurer (FAI) denying indemnity to insured (PMS) in respect of judgment against PMS in favour of TCF - PMS asserting right to indemnity under the policy - TCF applying for leave to bring an action against FAI pursuant to sub-s 6 (4) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) before seeking to enforce judgment against PMS - whether s 6 Law Reform (Miscellaneous Provisions) Act applies to claims made and notified policies which come into existence after the event giving rise to the insured's liability to third party claimant - whether TCF should be granted leave to bring an action against FAI as a matter of discretion. Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6
AFG Insurances Ltd v Andjelkovic (1980) 47 FLR 348 (ACT/Blackburn J); (1981) 54 FLR 398 (FCA/FC) Bailey v New South Wales Medical Defence Union Ltd (1995) 184 CLR 399 Cambridge Credit Corporation Ltd (Receivers Appointed) v Lissenden (1987) 8 NSWLR 411 (Clarke J) Capita Financial Group Ltd v Triden Properties Ltd, unreported, 6 September 1993 (NSW/Cole J) FAI (NZ) General Insurance Co Ltd v Blundell & Brown Ltd [1994] 1 NZLR 11 Grimson v Aviation & General (Underwriting) Agents Pty Ltd (1995) 25 NSWLR 422 (CA) Manettas v Underwriters at Lloyds (1993) 7 ANZ Insurance Cases 61-180 (NSW/Cole J) National Mutual Property Services (Australia) Pty Ltd v Citibank Savings Ltd (1996) 138 ALR 409 (FCA/Lindgren J) New South Wales Medical Defence Union Ltd v Crawford (1993) 31 NSWLR 469 (CA) Oswald v Bailey (1987) 11 NSWLR 715 (CA) Ratcliffe v Border Homes Ltd (1987) 9 NSWLR 390 (Hunt J) Schipp v Cameron (1995) 8 ANZ Insurance Cases 61-256 (NSW/Young J) FAI GENERAL INSURANCE CO LIMITED v BRIAN ALBERT McSWEENEY & ORS No NG 312 of 1992 TRAVEL COMPENSATION FUND v FAI GENERAL INSURANCE CO LIMITED No NG 948 of 1992 REASONS FOR JUDGMENT (PART I) Lindgren J Sydney 12 March 1997
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