CGU Insurance Ltd. v. Porthouse [2007] NSWCA 80

Appeal Outcome: Special leave application granted by the High Court - 5 October 2007Appeal allowed [2008] HCA 30

New South Wales Court of Appeal

CITATION: CGU Insurance Ltd. v. Porthouse [2007] NSWCA 80 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 7 September 2006

JUDGMENT DATE: 11 April 2007

JUDGMENT OF: Hodgson JA at 1; Young CJ in Eq at 36; Hunt AJA at 63

DECISION: By majority (Hunt AJA dissenting), the appeal is dismissed with costs.

CATCHWORDS: Damages payable to person injured carrying out work in accordance with Community Service Orders Act 1979 — Tort law reform restricting damages to be awarded in common law claims effected by Workers Compensation Legislation Further Amendment Act 2001 — Transitional provision applying provisions of that Act to existing rights before its commencement, but not in cases where litigation started before that commencement. - Barrister retained by plaintiff so injured to advise on commencement of proceedings unaware of applicability of these provisions — Proceedings commenced 14 days after legislation commenced — Plaintiff's claim dismissed — Barrister found to be negligent. - Professional indemnity policy — Known circumstances excluded from policy included any fact, situation or circumstance which a reasonable person in the insured's professional position would have thought, before the policy began, might result in someone making an allegation against insured in respect of a liability that might be covered by policy — Meaning of exclusion clause — Whether barrister's claim for indemnity excluded.

Civil Liability Act 2002 Community Service Orders Act 1979 Crimes (Administration of Sentences) Act 1999 LEGISLATION CITED: Workers Compensation Act 1987 Workers Compensation Legislation (Further Amendment) Act 2001 Workplace Injury Management and Workers Compensation Act 1998 Corporations Act 2001 (Cwth) Insurance Contracts Act 1984 (Cwth)