NSW Caselaw
Reported Decision : (2006) 14 ANZ Insurance Cases 61-677
New South Wales Court of Appeal
Ghamrawi & Anor v GIO General Ltd [2005] NSWCA 467 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 16 December 2005
JUDGMENT DATE: 16 December 2005
JUDGMENT OF: Giles JA at 1; Ipp JA at 42; Brownie AJA at 43
DECISION: (1) Grant leave to appeal, notice of appeal already filed to stand as the notice of appeal; (2) Appeal dismissed; (3) Appellants pay respondent's costs.
CATCHWORDS: Insurance - whether prior refusal of claim disclosed when taking out insurance - whether client legal privilege in counsel's advice recording knowledge of prior refusal had been lost - whether erroneous preference for evidence of insurer's practice and computer record over oral evidence of insured - whether error in fact-finding as to receipt of document from insurer - depends on facts. ND
Advance (NSW) Insurance Agencies Pty Ltd v Matthews (1989) 166 CLR 606; Hooker Corporation Ltd v Darling Harbour Authority (1987) 9 NSWLR 583; CASES CITED: Kabwand v National Australia Bank (1987) 81 ALR 721; Kennedy v NZI Insurance Australia Ltd (Robin QC DCJ, QDC, 16 April 1992, unreported); Meltend Pty Ltd v Restoration Clinics of Australia Pty Ltd (1997) 145 ALR 391.
Rabia Ghamrawi - First Appellant PARTIES: Nazzarena Sant - Second Appeallant GIO General Ltd - Respondent
FILE NUMBER(S): CA 40214/05
W P Lowe & A D Gibbons - Appellants COUNSEL: C Moschoudis - Respondent
Andresakis & Associates, Parramatta - Appellants SOLICITORS: Jones King Lawyers - Respondent
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