NSW Caselaw
New South Wales Supreme Court
CITATION : Wade v Muir [2009] NSWSC 723
HEARING DATE(S) : 5 June and 10 July 2009
JUDGMENT DATE : 29 July 2009
JUDGMENT OF : Harrison J
DECISION : The plaintiff's notice of motion is dismissed. The parties to bring in short minutes of order giving effect to my conclusions.
CATCHWORDS : INSURANCE – claim by plaintiff against her former solicitor alleging negligent conduct of a conveyancing transaction - application to join insurer pursuant to s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) - circumstances in which plaintiff can proceed directly against insurer of solicitor alleged to be liable to pay her damages - claims-made policy - whether event giving rise to the liability to the plaintiff occurred before entry into the contract of insurance
LEGISLATION CITED : Insurance Contracts Act 1984 Law Reform (Miscellaneous Provisions) Act 1946
CATEGORY : Procedural and other rulings
CASES CITED : Bailey v New South Wales Medical Defence Union Limited [1995] HCA 28; (1995) 184 CLR 399 The Owners - Strata Plan No 50530 v Walter Construction Group Limited (In Liquidation) & Ors [2007] NSWCA 124; (2007) 14 ANZ Insurance Cases 61-734
Dawn Florence Wade (Plaintiff) PARTIES : Brian Muir (First Defendant) Donald Wakeling (Second Defendant)
FILE NUMBER(S) : SC 20026/2008
COUNSEL : G C Jones (Plaintiff) G Curtin (LawCover)
SOLICITORS : Oliveri Lawyers (Plaintiff) HWL Ebsworth Lawyers (LawCover)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
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