AMP v MacAlister Todd - SC 13/2006

Civil – insurance – solicitor trustee negligently failed to recognise that GST was payable on sale of trust assets – whether solicitor’ s firm entitled to indemnity from insurer – whether Court of Appeal failed to address a principal ground of appeal – whether claim against firm arose “from a trading loss or trading liability incurred by a business managed by or carried on by the insured” – whether claim against own firm by solicitor in capacity as trustee is a claim “made against” the firm – whether causation between solicitor’s negligence and loss – which party has onus to show causation – whether evidential basis to find that trustees would have secured indemnity from trust funds had solicitor not been negligent CA 108/05 15 December 2005