Vidal v NRMA Insurance Ltd [2005] NSWCA 390

New South Wales Court of Appeal

CITATION: Vidal v NRMA Insurance Ltd [2005] NSWCA 390

HEARING DATE(S): 1 November 2005

JUDGMENT DATE: 15 November 2005

JUDGMENT OF: Mason P at 1; Handley JA at 2; Brownie AJA at 18

DECISION: Appeal dismissed with costs

CATCHWORDS: APPEAL – question of law – inconsistent findings – no question of principle - ND

Butler v Loneragan (1994) 19 MVR 361 CASES CITED: Rhesa Shipping Co SA v Edmunds [1985] 1 WLR 948

France Monique Vidal (Appellant) PARTIES: NRMA Insurance Ltd (Respondent)

FILE NUMBER(S): CA 40242 of 2004

C R C Newlinds SC/P T Newton (Appellant) COUNSEL: R W Seton SC (Respondent)

Heidtman & Co (Appellant) SOLICITORS: Abbott Tout (Respondent)

LOWER COURT JURISDICTION: Supreme Court - Common Law Division

LOWER COURT FILE NUMBER(S): SC 12177 of 2003

LOWER COURT JUDICIAL OFFICER: Master Harrison

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40242 of 2004

MASON P HANDLEY JA BROWNIE AJA

15 NOVEMBER 2005 FRANCE MONIQUE VIDAL v NRMA INSURANCE LTD CATCHWORDS

APPEAL – question of law – inconsistent findings – no question of principle FACTS

The appellant owned a car which was insured against theft under a policy issued by the respondent. She alleged that the car had been stolen but her claim under the policy was rejected. The Local Court found for the insurer and her appeal to the Supreme Court, limited to a question of law, also failed. On a further appeal by leave the appellant contented that the Magistrate's decision could not stand because she had made inconsistent findings. HELD: The findings were not inconsistent. ORDERS Appeal dismissed with costs.