Said Katrib v Government Insurance Office of New South Wales

In *Said Katrib v Government Insurance Office of New South Wales*, the plaintiff, Said Katrib, appealed to the New South Wales Court of Appeal against a decision of the District Court. The dispute concerned the plaintiff's entitlement to indemnity under a motor vehicle insurance policy issued by the Government Insurance Office of New South Wales (GIO) following an accident.

The primary legal issue before the Court of Appeal was whether the plaintiff had breached a condition of the policy by failing to notify the GIO of a change in the use of the insured vehicle. Specifically, the court had to determine if the vehicle, which was insured for private use, had been used for commercial purposes without the insurer's consent, thereby vitiating the policy.

The Court of Appeal considered the terms of the policy and the evidence presented regarding the plaintiff's use of the vehicle. It was held that the plaintiff had indeed used the vehicle for commercial purposes, contrary to the policy's terms. The court applied the principle that a breach of a fundamental condition of an insurance policy, such as a condition relating to the use of the insured property, can relieve the insurer of its liability to indemnify the insured. The court found that the plaintiff's failure to notify the GIO of this change in use constituted a material breach of the policy.

The appeal was dismissed, and the decision of the District Court was affirmed.