National Transport Insurance BY Its Manager, NTI Ltd & Ors v Cheng Nian Zhang

[2017] HCASL 119

NATIONAL TRANSPORT INSURANCE BY ITS MANAGER, NTI LTD & ORS

v

CHENG NIAN ZHANG & ORS

[2017] HCASL 119
S22/2017

1. The applicants seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (Leeming JA and Sackville AJA, Macfarlan JA dissenting) as to the correct construction of an exclusion clause in a contract for insurance.  The applicants require an extension of time, but it would be futile to grant the extension which is sought.

2. The decision of the Court of Appeal involved the application of established principles of contractual construction to the particular facts of the case, with the result that the application for special leave does not raise a question of law of general importance.  Nor do we see any reason to doubt the correctness of the reasoning of the majority of the Court of Appeal.  Accordingly, in our view, an appeal to this Court would not enjoy sufficient prospect of success to warrant the grant of special leave.

3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M. Bell
11 May 2017 G.A.A. Nettle