Hourani v Insurance Australia Limited trading as NRMA [2012] NSWDC 202

District Court New South Wales

Medium Neutral Citation: Hourani v Insurance Australia Limited trading as NRMA [2012] NSWDC 202 Hearing dates: 24, 25 and 27 September 2012 Decision date: 06 November 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the defendant; 2.The plaintiff is to pay the defendant's costs of the proceedings; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - alleged negligence of home and contents insurer - whether insurer should be held liable to the plaintiff for damages for personal injury when she slipped on a wet floor in her storm affected home due to ingress of rainwater in circumstances of alleged inadequate assessment and delayed repair of those premises by insurer's sub-contractors - causation - contributory negligence: DAMAGES - assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002, s 5D, s 5E, s 15, s 16 Evidence Act 1995, s 60 Motor Accidents Act 1999, s 128 Trade Practices Act 1974 (Cwth), s 74 Cases Cited: Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 Hourani v Siemsen Group Pty Ltd, Censeo Pty Ltd and Nidus Inspection Services Pty Ltd [2012] NSWDC 203 Medlin v State Government Insurance Commission [1995] HCA 5; (1995) 182 CLR 1 Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 442 Category: Principal judgment Parties: Angela Hourani (Plaintiff) Insurance Australia Limited trading as NRMA (Defendant/Cross-claimant) Representation: Mr A Lidden SC with Ms M Fraser (Plaintiff) Mr J Craddock SC (Defendant/Cross-claimant) Brydens (Plaintiff) Wotton & Kearney (Defendant/Cross-claimant) File Number(s): 2010/100380 Publication restriction: None