Under s 6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW), a court may refuse leave to proceed against an insurer where it is positively satisfied of the insurer's entitlement to disclaim liability, even without the insurer having taken separate proceedings to establish that entitlement. A court so satisfied is not bound to grant leave merely because there is an arguable case on the indemnity issue. The question of whether s 6 applies to claims made and notified policies was left open.
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