Colonial Mutual Superannuation Pty Ltd ABN 56 006 831 983 v Flammia No 3 [2007] FCA 2104

Colonial Mutual Superannuation Pty Ltd ABN 56 006 831 983 v Flammia No 3 [2007] FCA 2104

Colonial proved its claim in deceit and breach of warranty of authority against Flammia, entitling it to damages for the cheque payment. LawCover is entitled to a declaration it is not liable to indemnify Flammia for claims arising from Flammia’s fraudulent conduct as found by the Court.

Jurisdiction
Australia
Judgment Date
07 December 2007
Procedural Posture
Civil / Final Hearing and Judgment
Outcome
Judgment for applicant; declaration for cross-respondent; costs granted.
Legal Topics
['professional Indemnity' 'fraud' 'breach of Warranty of Authority' 'deceit']
['insurance Law' 'bankruptcy Law' 'civil Procedure'] ['professional Indemnity' 'fraud' 'breach of Warranty of Authority' 'deceit']

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Procedural Posture

Civil / Final Hearing and Judgment

Legal Issues

  1. 1 ['Whether Flammia acted fraudulently in inducing payment by Colonial Mutual Superannuation Pty Ltd' 'Whether Colonial is entitled to recover damages from Flammia' 'Whether Flammia is entitled to indemnity under a professional indemnity policy with LawCover' 'Effect of bankruptcy on proceedings and cross-claims']

Ratio Decidendi

Colonial proved its claim in deceit and breach of warranty of authority against Flammia, entitling it to damages for the cheque payment. LawCover is entitled to a declaration it is not liable to indemnify Flammia for claims arising from Flammia’s fraudulent conduct as found by the Court.

Court Disposition

Judgment for applicant; declaration for cross-respondent; costs granted.

Orders

  • ['LawCover granted leave to file Second Cross-Claim and proceed upon it.' 'Second Cross-Claim returnable instanter for final relief; compliance with Federal Court Rules waived.' 'Hearing for final relief to proceed in absence of Flammia.' 'Declaration that LawCover is not liable to indemnify Flammia for claims...