COMINO v MANETTAS, COONEY v MANETTAS [1993] NSWCA 72

COMINO v MANETTAS, COONEY v MANETTAS [1993] NSWCA 72

Judgment for solicitors against their insurer Lawcover is to take the form of a declaration of entitlement to indemnity in accordance with the policy, not liquidated payment, due to unresolved calculation matters, possible policy limit, and ongoing disputes. Costs and interest are ordered as per standard judicial discretion and statutory provisions.

Parties
Appellant: Comino; Appellant: Cooney; Appellant: Dunn; Appellant: Constantine Pitsikas; Respondent: Manettas; Respondent: Lawcover; Respondent: Government Insurance Office of New South Wales (GIO)
Jurisdiction
Australia
Judgment Date
20 May 1993
Procedural Posture
Appeal / Final Orders Following Judgment
Outcome
Appeals and cross appeals variously allowed and dismissed; final orders made setting aside trial judge's judgment for insurer and granting judgment for solicitors against insurer, with orders for costs and interest.
Legal Topics
Solicitors' Indemnity, Guarantees, Interest on Judgment, Costs Orders
Insurance Law Professional Negligence Commercial Law Solicitors' Indemnity Guarantees Interest on Judgment Costs Orders

Case Brief

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Parties

Comino

Appellant

Cooney

Appellant

Dunn

Appellant

Constantine Pitsikas

Appellant

Manettas

Respondent

Lawcover

Respondent

Government Insurance Office of New South Wales (GIO)

Respondent

Procedural Posture

Appeal / Final Orders Following Judgment

Legal Issues

  1. 1 Form and scope of indemnity for solicitors' negligence under insurance policy
  2. 2 Entitlement to interest on indemnity sums
  3. 3 Basis for awarding costs (indemnity vs party/party)

Ratio Decidendi

Judgment for solicitors against their insurer Lawcover is to take the form of a declaration of entitlement to indemnity in accordance with the policy, not liquidated payment, due to unresolved calculation matters, possible policy limit, and ongoing disputes. Costs and interest are ordered as per standard judicial discretion and statutory provisions.

Court Disposition

Appeals and cross appeals variously allowed and dismissed; final orders made setting aside trial judge's judgment for insurer and granting judgment for solicitors against insurer, with orders for costs and interest.

Orders

  • Cross appeal of First Respondent (Manettas) dismissed.
  • Manettas to pay GIO's costs of cross appeal.