O’Farrell v Allianz Australia Insurance Ltd [2015] NSWCA 48

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: O'Farrell v Allianz Australia Insurance Ltd [2015] NSWCA 48 Hearing dates: 6 March 2015 Decision date: 13 March 2015 Before: Basten JA at [1]; Macfarlan JA at [52]; Gleeson JA at [53] Decision: (1)Set aside the judgment of the District Court given on 20 November 2013 and the orders made on that date.

(2)In place of those orders, order that the appeal to the District Court filed on 29 April 2013 be dismissed and the plaintiff (Allianz) be ordered to pay the costs of the defendant, Phillip Gordon O'Farrell.

(3)Order that Allianz pay Mr O'Farrell's costs in this Court. Catchwords: ADMINISTRATIVE LAW – judicial review – appeal to District Court from decision of Consumer, Trader and Tenancy Tribunal – decision on a question with respect to a matter of law – whether the district Court erred in law in identifying error on part of Tribunal – whether failure by Tribunal to use precise statutory language demonstrated error of law – whether District Court exceeded jurisdiction in making findings of fact – Consumer, Trader and Tenancy Act 2001 (NSW), s 67

APPEAL – decision on a question with respect to a matter of law – whether party bearing onus can rely on 'no evidence' ground - Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 applied

INSURANCE – comprehensive motor vehicle policy – insured's duty of disclosure – whether insurer clearly informed insured about general nature and the effect of duty before contract entered into – whether obtaining signed insurance proposal sufficient compliance by insurer – whether insurer able to rely on alleged non-disclosure to avoid liability under policy