Malcolm Douglas Carr trading as Forshaws Neill v. Swart & Ors.; Lawcover Pty. Limited v. Swart & Anor. [2007] NSWCA 337

Appeal Outcome: Special leave application dismissed by the High Court - 12 June 2008 - [2008] HCASL 355

New South Wales Court of Appeal

CITATION: Malcolm Douglas Carr trading as Forshaws Neill v. Swart & Ors.; Lawcover Pty. Limited v. Swart & Anor. [2007] NSWCA 337

HEARING DATE(S): 22 October 2007

JUDGMENT DATE: 27 November 2007

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Basten JA at 57

DECISION: In proceedings CA 40818/06: 1. Mr. Carr's appeal dismissed. 2. Order that Mr. Carr pay Mr. Swart's costs of the appeal.; In proceedings CA40844/06: 1. Lawcover's appeal allowed. 2. Orders below set aside, and in lieu thereof proceedings dismissed with costs. 3. Mr. Swart to pay Lawcover's costs of the appeal and to have a certificate under the Suitors' Fund Act if otherwise entitled.

CATCHWORDS: CONTRACT - LEGAL PRACTITIONERS - INSURANCE - Joint venture agreement between solicitor and investors - Breach of that agreement by solicitor - Damages payable by solicitor to investor - Whether liability for such damages was incurred in connection with the solicitor's practice for the purposes of his professional indemnity policy - Whether the joint venture agreement was a contract to provide legal services.

Dooby v Watson (1888) 39 Ch D 178 Drayton v Martin (1996) 67 FCR 1 CASES CITED: Leary v Federal Commissioner of Taxation (1980) 47 FLR 414 Schipp v Cameron [1998] NSWSC 997 Solicitors' Liability Committee v. Gray (1997) 77 FCR 1

Malcolm Douglas Carr trading as Forshaws Neill - appellant Daniel Frederick Victor Swart - respondent PARTIES: Janet Anne Swart - respondent Lawcover Pty. Limited - respondent/appellant Malcolm Douglas Carr - respondent