Wade v Muir [2009] NSWSC 723

Wade v Muir [2009] NSWSC 723

The plaintiff's causes of action accrued prior to 1 July 2007, and no policy of insurance in force after that date is affected by the statutory charge under s 6; there is no evidence that a relevant claim was made triggering an earlier policy, so the plaintiff's notice of motion to join LawCover as a defendant must fail.

Jurisdiction
Australia
Judgment Date
29 July 2009
Procedural Posture
Professional Negligence / Ruling on Notice of Motion to Join Insurer Under S 6 Law Reform (miscellaneous Provisions) Act 1946
Outcome
Plaintiff's notice of motion dismissed.
Legal Topics
['statutory Charge Under S 6 Law Reform Act' 'claims Made Insurance Policy' 'accrual of Cause of Action' 'direct Claims Against Insurer' 'service Difficulties']
['insurance Law' 'professional Negligence' 'civil Procedure'] ['statutory Charge Under S 6 Law Reform Act' 'claims Made Insurance Policy' 'accrual of Cause of Action' 'direct Claims Against Insurer' 'service Difficulties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Professional Negligence / Ruling on Notice of Motion to Join Insurer Under S 6 Law Reform (miscellaneous Provisions) Act 1946

Legal Issues

  1. 1 ['Whether leave should be granted to join LawCover Insurance as a defendant under s 6 Law Reform (Miscellaneous Provisions) Act 1946' 'Whether a statutory charge arises over insurance money in claims-made policies when cause of action accrues before the policy period' 'Whether any relevant ‘claim’ was made triggering an earlier policy' 'Whether the operation of s 51 Insurance Contracts Act 1984 applies when insured cannot be found']

Ratio Decidendi

The plaintiff's causes of action accrued prior to 1 July 2007, and no policy of insurance in force after that date is affected by the statutory charge under s 6; there is no evidence that a relevant claim was made triggering an earlier policy, so the plaintiff's notice of motion to join LawCover as a defendant must fail.

Court Disposition

Plaintiff's notice of motion dismissed.

Orders

  • ["The plaintiff's notice of motion is dismissed." "Parties to bring in short minutes of order giving effect to the Court's conclusions." 'Court will hear further submissions regarding the s 51 issue for possible disposal in short minutes of order.']