Zurich Australian Insurance Ltd v Withers (CA)

Paul Robertson, together with leading counsel, acted for the Swindles who succeeded in their professional negligence claim against their accountant at trial.  The High Court also found at trial that the accountant was entitled to indemnification from his insurer.

The insurer successfully appealed the trial court’s finding that the accountant was entitled to indemnification.  The Court of Appeal found that the accountant had been dishonest and had acted in reckless disregard of the Swindle’s interests from the start.