This is an application for an interim injunction which has come before the Court in urgent circumstances this afternoon.
In the application, the applicant Dr Robert Taylor, seeks an order that upon his giving, by his advocate, the usual undertakings as to damages the Court order that pending further order the respondent in the proceedings, MDA National Insurance Pty Ltd, which is the applicant’s professional indemnity insurer, be restrained from cancelling the contract of insurance, and that the contract of insurance is to remain in full force and effect according to its terms.
The nub of the matter is this:
On 20 January 2015, the insurer wrote a letter to the solicitors acting for Dr Taylor in relation to the contract of insurance. The letter of 20 January 2015 emerges out of a sequence of exchanges between Dr Taylor and his solicitors on the one hand, and the insurer on the other, over time, especially from about October 2014, in relation to a series of matters which had come to the attention of the insurer by reason of a particular article published in the media. That article raised a number of factual contentions which caused the insurer to seek a response from Dr Taylor about the various contentions in the article…
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