Stuart Donaldson SC successfully appeared for the Second Defendant (an insurance broker) with Derek Wong of Alinea Chambers in the recently decided Absolute Tiling Solutions Pty Ltd v Certain Underwriters at Lloyds [2024] NSWSC 364.

The proceedings concerned a claim by the Plaintiff under a professional indemnity policy underwritten by the First Defendant. The claims against the Second Defendant for negligence, breach of contract and misleading conduct arose in the event that the Plaintiff was not entitled to indemnity under the policy.

Justice Nixon found that the Plaintiff was entitled to indemnity under the policy and that it followed that the claims against the Second Defendant were not established and that they must be dismissed. In case he was wrong, his Honour considered the claims against the Second Defendant and reached the view that, even if the premises for the claims had been established, those claims would have failed.

A copy of judgment may be found here.