NRMA v COLLIER [1995] NSWCA 329

NRMA v COLLIER

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MEAGHER JA 3 April 1995

[1995] NSWCA 329

Meagher JA. This is a matter of an appeal by NRMA Insurance Limited against Mr and Mrs Collier. Mrs Collier applied against their insurer, the appellant, for monies owing to them as a result of a fire to their premises and were plaintiffs, in the contest before Leslie AJ, and succeeded in obtaining a verdict of $219,000.00. The NRMA Insurance Limited, the unsuccessful defendant in those proceedings, has now filed a notice of appeal claiming no less than thirty grounds.

Mrs Collier has, in person, sought to persuade me to strike out the notice of appeal, or, alternatively, to declare that it is an abuse of process. She points out that as far as a large number of grounds are concerned, they deal with matters considered by his Honour and found adversely to the appellant so that the appellant is, to that extent, engaged in the pursuit of points of law but merely complaining about findings of fact which it finds unacceptable to it.

On the face of the documents there is a good deal to be said for Mrs Collier's submissions. However, in this appeal I feel her submissions fall far short of persuading me that the notice of appeal is an abuse of process or that it should be struck out on any other grounds. Unfortunately, therefore, the notice of motion will have to be dismissed. It is difficult, however, not to have some sympathy with Mrs Collier, and in view of the great delay she has suffered it is important the appeal be heard as quickly as possible. Although no formal application has been made to me in this regard I will order that the appellant pursue its appeal, of right, with all possible expedition. I will declare that the matter should have an expedited hearing, Category C.