King v CGU-VACC Insurance Limited

[2008] NSWCA 236

NEW SOUTH WALES COURT OF APPEAL

CITATION:
King v CGU-VACC Insurance Limited [2008] NSWCA 236

FILE NUMBER(S):
40108/08

HEARING DATE(S):
17 September 2008

EX TEMPORE DATE:
17 September 2008

PARTIES:
Treavor King (Applicant)
CGU-VACC Insurance Limited (Respondent)

JUDGMENT OF:
Beazley JA McColl JA    

LOWER COURT JURISDICTION:
Supreme Court - Common Law Division

LOWER COURT FILE NUMBER(S):
SC 15606/07

LOWER COURT JUDICIAL OFFICER:
Harrison AsJ

LOWER COURT DATE OF DECISION:
8 April 2008

LOWER COURT MEDIUM NEUTRAL CITATION:
King v CGU-VACC

COUNSEL:
M Rogers (Applicant)
M Lee (Respondent)

SOLICITORS:
Fitzpatrick Solicitors (Applicant)
William Roberts Lawyers (Respondent)

CATCHWORDS:
Leave to appeal - circumstances of damage to vehicle clearly within exclusion provisions of insurance policy

LEGISLATION CITED:

CASES CITED:

TEXTS CITED:

DECISION:
The summons for leave to appeal is dismissed with costs.

JUDGMENT:

- 1 -

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA 40108/08

BEAZLEY JA
McCOLL JA

Ex tempore 17 September 2008

Treavor King v CGU-VACC Insurance Limited

Judgment

1. THE COURT:  The Court refuses leave in this matter.

2. The circumstances in which the vehicle was damaged were unambiguously covered by the exclusions.  There is a question as to whether those exclusions operate when a vehicle is stolen, although, as indicated by Associate Justice Harrison, they would not.  However, that is not the point in issue before us.

3. Further, the claim is a relatively small claim, although it is undoubtedly very important to the claimant.  Nonetheless, the fact that it is a small claim is relevant to the exercise of the Court’s discretion.

4. The Court dismisses the summons for leave to appeal with costs.

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LAST UPDATED:
30 September 2008