Perpetual Trustees Victoria Ltd v Malouf [2008] NSWSC 834

Perpetual Trustees Victoria Ltd v Malouf [2008] NSWSC 834

The court found that the event giving rise to the claim against Mr Goldberg (the solicitor) occurred before the inception of the relevant 'claims made' policy with LawCover, so no statutory charge arose under s 6(1) and thus the applicant could not obtain leave under s 6(4) to join LawCover as a co-defendant.

Parties
Plaintiff: Perpetual Trustees Victoria Ltd; 1st Defendant: Anis Malouf; 2nd Defendant: Albert Anis Malouf; 3rd Defendant: Alice Malouf; Respondent to Motion: LawCover Insurance Pty Ltd
Jurisdiction
Australia
Judgment Date
15 August 2008
Procedural Posture
Procedural and Other Rulings / Application for Leave to Join Cross Defendant (insurer) Under S 6 Law Reform (miscellaneous Provisions) Act 1946
Outcome
The application is dismissed.
Legal Topics
Insurance, Negligence, Fair Trading Act 1987, Statutory Charge on Insurance Monies, Claims Made Policy, Cross Claims Against Solicitors, Procedure for Joining Insurer as Defendant
Common Law Insurance Negligence Fair Trading Act 1987 Statutory Charge on Insurance Monies Claims Made Policy Cross Claims Against Solicitors Procedure for Joining Insurer as Defendant

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Parties

Perpetual Trustees Victoria Ltd

Plaintiff

Anis Malouf

1st Defendant

Albert Anis Malouf

2nd Defendant

Alice Malouf

3rd Defendant

LawCover Insurance Pty Ltd

Respondent to Motion

Procedural Posture

Procedural and Other Rulings / Application for Leave to Join Cross Defendant (insurer) Under S 6 Law Reform (miscellaneous Provisions) Act 1946

Legal Issues

  1. 1 Whether a statutory charge under s 6(1) of the Law Reform (Miscellaneous Provisions) Act 1946 arises where the event giving rise to liability occurred before the inception of a 'claims made' insurance policy.
  2. 2 Whether leave should be granted under s 6(4) to join LawCover as a cross-defendant in proceedings against a former solicitor.

Ratio Decidendi

The court found that the event giving rise to the claim against Mr Goldberg (the solicitor) occurred before the inception of the relevant 'claims made' policy with LawCover, so no statutory charge arose under s 6(1) and thus the applicant could not obtain leave under s 6(4) to join LawCover as a co-defendant.

Court Disposition

The application is dismissed.

Orders

  • Application to join LawCover as cross-defendant under s 6(4) Law Reform (Miscellaneous Provisions) Act 1946 is dismissed.