Recent Cases

Clark v Avant Insurance Ltd; Stevens v Avant Insurance Ltd [2022] NSWCA 175 (07 September 2022) (Meagher and Beech-Jones JJA, Lonergan J)


Catchwords:


PROCEDURE – applications for leave to appeal – where plaintiffs claimed damages from defendant doctor for medical negligence – where plaintiffs sought leave to proceed against defendant’s insurer under Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) s 5(1) – where primary judge found plaintiffs’ claims “first made” before commencement of relevant policy period – whether primary judge erred in refusing leave on basis that no arguable case that policy responded to plaintiffs’ claims