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. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.