Kenwright v Insurance Australia Limited [2013] NSWDC 255

District Court New South Wales

Medium Neutral Citation: Kenwright v Insurance Australia Limited [2013] NSWDC 255 Hearing dates: 11, 12, 13, 14 and 15/2/2013 Decision date: 20 September 2013 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Note that the principal amount, exclusive of interest payable by the defendant to the plaintiff, is the sum of $125,135. (2) Grant liberty to the parties to forward to my associate by 9am on 30 September 2013 either an agreed statement of interest and costs or a short submission (maximum two pages) as to the appropriate rate of interest and costs. (3) Grant liberty to seek a further hearing on costs in the event that either party is of the view that a written submission is not sufficient. Catchwords: INSURANCE - home and contents - indemnity denied - home destroyed by fire - allegation of fraud - damages for breach of contract Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 British Traders' Insurance Co Ltd v Monson (1964) 111 CLR 86 Castellain v Preston (1883) 11 QBD 380; [1881-85] All ER 493 Leppard v Excess Insurance Co Ltd [1979] 2 All ER 668 Raso v NRMA Insurance t/as NRMA Home Insurance (New South Wales Court of Appeal, Mahoney, Priestley and Handley JJA, 14 December 1992, unreported) Reynolds v Phoenix Assurance Co Ltd [1978] 2 Lloyd's Rep 440 Roumeh Food Stores (NSW) Pty Ltd v New India Insurance Co Ltd [1972] 1 NSWLR 227 Spina v Mutual Acceptance (Insurance) Ltd (1984) 3 ANZ Ins Cas 60-554 Texts Cited: David St L Kelly & Michael Ball, Kelly & Ball Principles of Insurance Law, LexisNexis Category: Principal judgment Parties: Dawn Juliet Kenwright (plaintiff) Insurance Australia Limited trading as NRMA Insurance ACN 000 016 722 (defendant) Representation: Mr T Boyd (plaintiff) Mr G Carolan (defendant) Herbert Weller (plaintiff) William Roberts Lawyers (defendant) File Number(s): 2011/377445 Publication restriction: No