NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Crawley v Vero Insurance Ltd (No 6) [2014] NSWSC 62 Hearing dates: 11 February 2014 Decision date: 11 February 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. Order that the plaintiff have leave to file a Second Further Amended Statement of Claim in the form initialled by Beech-Jones J, other than the proposed amendments to paragraphs 49 to 58 and 70 to 76, and claims for relief 3(f) and 3(g). 2. Order that the plaintiff's application to amend the Further Amended Statement of Claim be otherwise refused. Catchwords: AMENDMENT - INSURANCE - indemnity - Insurance Act 1973 (Cth) - insurance business - insurance arrangements - Solicitors Mutual Indemnity Fund - delay in seeking amendment - amendment refused. Legislation Cited: - Insurance Act 1973 (Cth), s 21 - Judiciary Act 1903 (Cth), s 78B - Legal Profession Act 1987 (NSW), s 44 - Legal Profession Act 2004 (NSW), s 409 Cases Cited: - Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 - Crawley v Short [2009] NSWCA 410 - Crawley v Short (No 2) [2010] NSWCA 97 - Crawley v Vero Insurance Ltd [2012] NSWSC 593 - Crawley v Vero Insurance Ltd (No 2) [2012] NSWSC 1053 - Hancock Family Memorial Foundation Ltd v Fieldhouse (No 5) [2013] WASC 121 - Kelly v Mina [2014] NSWCA 9 - Short v Crawley (No 30) [2007] NSWSC 1322 Texts Cited: Michael Parkington and Nicholas Legh-Jones, MacGillivray & Parkington on Insurance Law (8th ed 1988, Sweet & Maxwell Ltd) Category: Interlocutory applications Parties: - Christopher William Crawley (Plaintiff) - Vero Insurance Ltd (First Defendant) - HDI-Gerling Australia Insurance Company Pty Ltd (Second Defendant) - Gordian Runoff Ltd (Third Defendant) - Westport Insurance Corporation (Fourth Defendant) - Zurich Specialities London Ltd (Fifth Defendant) - LawCover Pty Ltd (Sixth Defendant) Representation: Counsel: M. Green (Plaintiff) D.L. Williams SC, Ms L. Chan (Defendants) Solicitors: Bruce & Stewart (Plaintiff) Colin Biggers & Paisley (Defendants) File Number(s): 2010/397627
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