Chebli v Insurance Australia Limited t/as NRMA Insurance Limited [2013] NSWSC 261

Supreme Court New South Wales

Medium Neutral Citation: Chebli v Insurance Australia Limited t/as NRMA Insurance Limited [2013] NSWSC 261 Hearing dates: 19/03/2013 Decision date: 28 March 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) An extension of the time to appeal is granted. (2) The decision of Magistrate Still dated 16 March 2012 is affirmed. (3) The appeal is dismissed. (4) The summons filed 10 August 2012 is dismissed. (5) The plaintiff is to pay the defendant's costs as agreed or assessed. Catchwords: APPEAL FROM LOCAL COURT - adverse findings as to credit of plaintiff and witnesses - whether Magistrate erred in law by failing to consider a relevant piece of evidence - whether evidence not taken into account and therefore plaintiff not subject to credit findings - appeal dismissed Legislation Cited: Insurance Contracts Act 1984 Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Gallo v Dawson [1990] HCA 30; [1990] 93 ALR 479 Hammond Brothers Pty Ltd v Insurance Australia Ltd [2004] NSWCA 366 Mifsud v Campbell (1991) 21 NSWLR 725 Percy v Fox [2001] NSWCA 100 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 Vidal v NRMA Insurance Ltd [2005] NSWCA 390 Xu v Jinhong Design & Constructions Pty Ltd [2011] NSWCA 277 Category: Principal judgment Parties: Patricia Chebli (Plaintiff) Insurance Australia Limited t/as NRMA Insurance Limited (Defendant) Representation: Counsel: RM O'Brien (Plaintiff) G Carolan (Defendant) Solicitors: Allied Lawyers (Plaintiff) MCK Lawyers (Defendant) File Number(s): 2012/249503 Decision under appeal Date of Decision: 2012-03-16 00:00:00 Before: Still LCM File Number(s): 2011/21127