NSW Caselaw
JOBNAME: No Job Name PAGE: 1 SESS: 1 OUTPUT: Mon Oct 22 12:36:23 2007
/reports/caseml]/case/urj/9603285
McHUGH v NRMA INSURANCE CO LTD
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
5 MAHONEY P, PRIESTLEY and SHELLER JJA
4 July 1996, 1 August 1996
[1996] NSWCA 353
Damages — Motor vehicle accident — Liability — Insurance claim — Allegation of fraud — Expert evidence — Photographic evidence — Whether motive for making fraudulent claim — Examination of trial judge's findings — Reasons given by trial judge — Inferences to be drawn by appellate court — Costs — Cross appeal —
15 Claim for indemnity costs — Jurisdiction of District Court to award indemnity costs — District Court Act 1973
DAMAGES — Motor Vehicle accident resulting in damage to BMW motor vehicle — Insurance claim by plaintiff — Defendant insurance company repudiated claim and pleaded claim fraudulent — Judgment for defendant in District Court — Appeal 20 against findings of fact — Expert evidence to support claim of fraud — Evidence of deliberate act of plaintiff supported by broken parts found in shed belonging to plaintiff — Evidence of witness — Inference to be drawn from photographs — Examination of trial judge's findings on evidence to support allegation of fraud — Reasons given by trial judge — Inference to be drawn by the appellate court.
Abalos v Australian Postal Commission (1990) 171 CLR 167, referred to. Devries v Australian National Railways Commission (1993) 177 CLR 472, referred to.
Fabre v Arenales (1992) 27 NSWLR 437, applied.
R v Ames (1964-5) NSWR 1489, applied.
R v Travers (1958) 58 SR (NSW) 83, applied.
The Public Trustee and Ors v Commonwealth of Australia (Court of Appeal, 20 December 1995, unreported) applied.
COSTS - Cross-appeal - Claim for indemnity costs - Jurisdiction of District Court to make order for indemnity costs - Amendment to District Court Act 1973 to authorise
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