King v CGU-VACC Insurance Limited [2008] NSWCA 236

New South Wales Court of Appeal

CITATION: King v CGU-VACC Insurance Limited [2008] NSWCA 236

HEARING DATE(S): 17 September 2008 JUDGMENT OF: Beazley JA at 1; McColl JA at 1

EX TEMPORE JUDGMENT DATE: 17 September 2008

DECISION: The summons for leave to appeal is dismissed with costs.

CATCHWORDS: Leave to appeal - circumstances of damage to vehicle clearly within exclusion provisions of insurance policy

PARTIES: Treavor King (Applicant) CGU-VACC Insurance Limited (Respondent)

FILE NUMBER(S): CA 40108/08

COUNSEL: M Rogers (Applicant) M Lee (Respondent)

SOLICITORS: Fitzpatrick Solicitors (Applicant) William Roberts Lawyers (Respondent)

LOWER COURT JURISDICTION: Supreme Court - Common Law Division

LOWER COURT FILE NUMBER(S): SC 15606/07

LOWER COURT JUDICIAL OFFICER: Harrison AsJ

LOWER COURT DATE OF DECISION: 8 April 2008

LOWER COURT MEDIUM NEUTRAL CITATION: King v CGU-VACC

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40108/08

BEAZLEY JA McCOLL JA

Ex tempore 17 September 2008 Treavor King v CGU-VACC Insurance Limited Judgment 1 THE COURT: The Court refuses leave in this matter. 2 The circumstances in which the vehicle was damaged were unambiguously covered by the exclusions. There is a question as to whether those exclusions operate when a vehicle is stolen, although, as indicated by Associate Justice Harrison, they would not. However, that is not the point in issue before us. 3 Further, the claim is a relatively small claim, although it is undoubtedly very important to the claimant. Nonetheless, the fact that it is a small claim is relevant to the exercise of the Court's discretion. 4 The Court dismisses the summons for leave to appeal with costs. **********