Supreme Court
New South Wales
Medium Neutral Citation: Crawley v Vero Insurance Limited & Ors (No 2) [2012] NSWSC 1053 Hearing dates: 4 September 2012 Decision date: 06 September 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: Amendment allowed
Catchwords: PRACTICE AND PROCEDURE - application for leave to amend pleadings - utility of proposed amendment. Legislation Cited: Legal Profession Acct 1987 - s 44
Legal Profession Act 2004 - s 409Cases Cited: - Crawley v Vero Insurance Ltd & Ors [2012] NSWSC 593
- Lee v Phair & Anor (Supreme Court of New South Wales, Cohen J, 31 October 1996, unreported)
- Medical Defence Union Ltd v Department of Trade [1980] 1 Ch 82Category: 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.L.D. Einfeld QC, A.C. Harding (Plaintiff)
D.L. Williams SC, Ms L. Chan (Defendants)
Solicitors:
Bruce & Stewart (Plaintiff)
Colin Biggers & Paisley (Defendants)
File Number(s): 2010/397627
Judgment
By a notice of motion filed on 16 August 2012 the plaintiff applied for leave to amend his statement of claim, discovery of certain categories of documents arising out of the amendment and leave to administer interrogatories. The application to amend seeks to plead certain facts, and add a prayer for relief seeking a declaration, concerning the conduct of LawCover Pty Ltd ("LawCover") in purportedly making a determination under s 409 of the Legal Profession Act 2004. The application for interrogatories was not pressed.
On 14 June 2012, I ordered that certain questions concerning quantum be decided separately after the trial of all other issues in the proceedings: Crawley v Vero Insurance Ltd & Ors [2012] NSWSC 593 ("Crawley (No 1)"). At [2]-[5] of Crawley (No 1), I summarised the background of the proceedings and at [6]-[12] I summarised the pleadings.
At [10] of Crawley, I noted that there was a cause of action pleaded in respect of the "Solicitors' Mutual Indemnity Fund" (SMIF). In Crawley (No 1) at [43] I noted that the plaintiff foreshadowed the possibility of seeking to amend his statement of claim. This possibility eventuated in the notice of motion before me.
The Proposed Amendment
The proposed amendment seeks the addition, inter alia, of a paragraph 31. For the sake of completeness it needs to be read with existing paragraphs 26 to 30, as follows:
"26. LawCover was and is the entity which, under the terms of the Legal Profession Act 1987 ('the 1987 Act') and the Legal Profession Act 2004 ('the 2004 Act'), managed and manages the Solicitors' Mutual Indemnity Fund ('the Fund') as presently constituted by section 405 of the 2004 Act.
27. Pursuant to section 41 of the 1987 Act, the Policy was in force for the period 1 July 1997 to 30 June 1998.
28. Consequent…
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- Case
- [2012] NSWSC 1053
- Decision Date
CaseChat Overview and Summary
The court examined the utility of the proposed amendments in the context of the overarching objective of the Uniform Civil Procedure Rules, which is to ensure that disputes are resolved justly, quickly, and at a minimal cost. In evaluating the utility, the court considered whether the amendments would clarify the issues in dispute, assist in the resolution of the case, and promote the expeditious and economical determination of the proceedings. The court found that the proposed amendments provided a plausible alternative basis for Crawley’s claims and would likely facilitate the resolution of the case by addressing Vero Insurance Ltd's contentions directly. Consequently, the court held that the application to amend the pleadings should be granted, as the amendments would serve the interests of justice by enabling a more effective exploration of the merits of the case.
In light of the decision to grant leave to amend the pleadings, the court provided directions for the conduct of the proceedings, including setting a new timetable for the exchange of further evidence and the scheduling of a directions hearing. The court emphasised the importance of the parties adhering to these directions to ensure the efficient progression of the case towards resolution. The final orders of the court included granting Crawley leave to amend his pleadings as proposed, with specific directions for the conduct of the proceedings moving forward.
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Background
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Evidence
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Decision
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