Hillsan Pty Limited v Federico Vaccaro & Ors [2011] NSWSC 250

Supreme Court New South Wales

Medium Neutral Citation: Hillsan Pty Limited v Federico Vaccaro & Ors [2011] NSWSC 250 Hearing dates: 19 August 2010 Decision date: 01 April 2011 Before: Hidden J Decision: Leave granted to the plaintiffs to join LawCover as a defendant. Proceedings to be heard at the same time as Vaccaro v Flammia (20237/07). Catchwords: MORTGAGE - fraudulent use of certificate of title to obtain loan from plaintiff - Certificate taken by fraudster from office of solicitor for owners of the property - solicitor's negligence in failing to secure Certificate - whether solicitor owed duty of care to plaintiff

INSURANCE - application by plaintiff to join solicitor's professional indemnity insurer as defendant - whether exclusion clause in policy in respect of fraud or dishonesty by solicitor applied Legislation Cited: Civil Liability Act 2002 Law Reform (Miscellaneous Provisions) Act 1946 Bankruptcy Act 1966 (Cth) Cases Cited: Vaccaro & Anor v Flammia [2008] NSWSC 1322 Chandra v Perpetual Trustees Victoria Ltd [2007] NSWSC 694 Modbury Triangle Shopping Centre Pty Ltd v Anzil (2000) 205 CLR 254 Graham v Hall [2006] NSWCA 208 Sullivan v Moody (2001) 207 CLR 562 Hill v Van Erp (1997) 188 CLR 159 Category: Principal judgment Parties: Hillsan Pty Limited (plaintiff) Federico Vaccaro (first defendant) Maria Vaccaro (second defendant) John Leslie Hancock (third defendant) LawCover Insurance Pty Limited (proposed fourth defendant) Representation: Counsel: G O Blake SC with A D Edwards (plaintiff) P A Beale & M T Vesper (first & second defendants) P B Walsh (third defendant) P W Flynn (proposed fourth defendant) Solicitors: Ewen Kenneth Mackintosh, Mackintoshs (plaintiff) Anthony Dicembre, McGrath, Dicembre & Co (first & second defendants) Shayne Murray Thompson, Middletons (third defendant) Timothy Randolph Price, Yeldham Price O'Brien Lusk (proposed fourth defendant) File Number(s): 2006/265100