The Owners - Strata Plan No.50530 v. Walter Construction Group Limited (In Liquidation) & Ors. [2007] NSWCA 124

Reported Decision: (2007) 14 ANZ Insurance Cases 61-734

New South Wales Court of Appeal

CITATION: The Owners - Strata Plan No.50530 v. Walter Construction Group Limited (In Liquidation) & Ors. [2007] NSWCA 124

HEARING DATE(S): 24 May 2007

JUDGMENT DATE: 4 June 2007

JUDGMENT OF: Giles JA at 1; Hodgson JA at 9; Tobias JA at 38

DECISION: 1. Leave to appeal granted. 2. Notice of Appeal to be filed within 14 days. 3. Appeal dismissed with costs.

CATCHWORDS: PROCEDURE - INSURANCE - Construction and effect of s.6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) - Circumstances in which a plaintiff can proceed directly against insurer of party alleged to be liable to pay damages to the plaintiff - Claims-made policy - Whether s.6 procedure available when event giving rise to the liability to the plaintiff occurs before entry into the contract of insurance.

LEGISLATION CITED: Corporations Act 2001 (Cth) s.562 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s.6

Bailey v New South Wales Medical Defence Union Ltd (1995) 183 CLR 399 Carnie v. Richmond (Dowd J NSWSC 9/9/97) FAI General Insurance Co Ltd v McSweeney (1997) 154 ALR 229 CASES CITED: Manettas v. Underwriters at Lloyds (1993) ANZ Ins. Cas. 61-180 National Mutual Property Services (Australia) Pty. Limited v. Citibank Savings Limited (No.4) (1996) 138 ALR 409 New South Wales Aboriginal Land Council v. Ace Global Markets Limited [2005] NSWSC 39 Schipp v Cameron [1999] NSWSC 997

The Owners - Strata Plan No.50530 - applicant Walter Construction Group Limited (In Liquidation) - 1st opponent PARTIES: Sydney City Council - 2nd opponent Straesser Poli Little & Associates Pty. Limited - 3rd opponent QBE Insurance Australia Limited - 4th opponent