Court of Appeal Wellington
28, 29 July; 26 August 1993
Richardson, Hardie Boys and Robertson JJ
28, 29 July; 26 August 1993
Richardson, Hardie Boys and Robertson JJ
Insurance — Professional indemnity cover — Judgment against solicitor — Solicitor subsequently declared bankrupt — Judgment creditor seeking leave to commence proceedings against insurer — Whether insurer's liability limited to situations where bankruptcy precedes claim arising — Whether existence of other possible defendant precludes grant of leave — Requirements for granting of leave — Law Reform Act 1936, s 9.
Practice and procedure — Limitation of proceedings — Application for leave to commence proceedings under Law Reform Act 1936 - Judgment creditor seeking leave to commence proceedings against insurer — Whether judgment creditor's claim a claim in equity or an independent statute-based claim — Whether provisions of Limitation Act applicable — Limitation Act 1950, s 4(1)(d) - Law Reform Act 1936, s 9.