148 ELIZABETH STREET SYDNEY

INSURANCE - separate questions to be decided by Court of Appeal based on statement of agreement facts - directors' and officers' liability insurance contracts - proper construction of s 6 Law Reform (Miscellaneous Provisions) Act 1946 - territorial operation of s 6 - whether s 6 applies to claims made policies - whether s 6 applies where insured's alleged conduct giving rise to claim for damages or compensation happened before policy entered into - whether The Owners - Strata Plan No 50530 v Walter Construction Group Limited [2007] NSWCA 124, which held that s 6 does not apply where insured's alleged conduct giving rise to claim for damages or compensation happened before policy entered into, should be followed - whether Court of Appeal when constituted as a bench of five will more readily overrule its own decisions or only when decision plainly wrong - whether "insurance moneys that are or may become payable" on which s 6 imposes charge include defence costs paid by insurer under policy before claimant's claim determined - whether insurer's payment in respect of insured's liability, excluding defence costs, is valid discharge to insurer if made before claimant's claim determined - whether insurers on actual notice of existence of charges under s 6 by reason of correspondence from claimants' solicitors

PROCEDURE - INSURANCE - Construction and effect of s.6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) - Circumstances in which a plaintiff can proceed directly against insurer of party alleged to be liable to pay damages to the plaintiff - Claims-made policy - Whether s.6 procedure available when event giving rise to the liability to the plaintiff occurs before entry into the contract of insurance.

INSURANCE - whether insurer should be joined to proceedings pursuant to s 6, Law Reform (Miscellaneous Provisions) Act 1946 - whether s 6 applies to claims made and notified policy where action accrued prior to inception of policy - whether point should be decided on application for leave to join or reserved to trial