Vaccaro and Anor v Flammia [2008] NSWSC 1322

New South Wales Supreme Court

CITATION : Vaccaro and Anor v Flammia [2008] NSWSC 1322

HEARING DATE(S) : 27 November 2008, 28 November 2008

JUDGMENT DATE : 11 December 2008

JUDGMENT OF : Johnson J at 1

1. Leave is granted to the Plaintiffs under s.6(4) Law Reform (Miscellaneous Provisions) Act 1946 to commence proceedings against LawCover Insurance Pty Limited. DECISION : 2. Pursuant to rule 6.24(1) Uniform Civil Procedure Rules 2005, LawCover Insurance Pty Limited is joined as a party to these proceedings. 3. Leave is granted to the Plaintiffs to amend the Statement of Claim in accordance with the document which is MFI1 on the present application.

CATCHWORDS : INSURANCE - claim for damages against solicitor for negligence - Plaintiffs' Certificate of Title taken from solicitor's office and used to give mortgage over property - signatures of Plaintiffs forged on mortgage - application for leave to join LawCover to negligence proceedings against solicitor - s.6 Law Reform (Miscellaneous Proceedings) Act 1946 - LawCover opposes grant of leave relying on dishonesty/fraud exclusion under insurance policy - whether Plaintiffs had demonstrated arguable case that solicitor acted negligently but not dishonestly in circumstances giving rise to claim - leave granted to join LawCover

Law Reform (Miscellaneous Provisions) Act 1946 Uniform Civil Procedure Rules 2005 Crimes Act 1914 (Cth) Bankruptcy Act 1966 (Cth) LEGISLATION CITED : Legal Profession Act 2004 Evidence Act 1995 Insurance Contracts Act 1984 (Cth) Civil Procedure Act 2005 Evidence Regulation 2005