El-Kabbout v Insurance Australia Ltd t/as NRMA Insurance [2016] NSWSC 417

Supreme Court New South Wales

Medium Neutral Citation: El-Kabbout v Insurance Australia Ltd t/as NRMA Insurance [2016] NSWSC 417 Hearing dates: 25 February 2016 Date of orders: 14 April 2016 Decision date: 14 April 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave to extend the time to appeal is refused.

(2) The summons filed 20 April 2015 is dismissed.

(3) The plaintiff is to pay the defendant's costs on an ordinary basis as agreed or assessed. Catchwords: PROCEDURE – civil – application for extension of time to file appeal – lengthy delay – plaintiff took casual approach to lodging an appeal – case on appeal not reasonably arguable – no actual prejudice demonstrated – application refused

APPEAL – Local Court – plaintiff's vehicle damaged in flash flood – insurance provider denied payment – whether Magistrate erred in law by finding plaintiff did not satisfy onus of proving his claim – Magistrate found that the plaintiff's version of events was not truthful or credible – whether Magistrate failed to provide any or sufficient reasons – reasons given were sufficient – appeal dismissed Legislation Cited: Insurance Contracts Act 1984 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Antico v Fielding Pty Ltd (1997) 188 CLR 652; 146 ALR 385 Askarou v Nominal Defendant (NSW) (1989) 8 MVR 491 Briginshaw v Briginshaw (1938) 60 CLR 336 Despot v Registrar General [2012] NSWCA 160 Hammoud Brothers v Insurance Australia Ltd [2004] NSWCA 366 Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516; (1998) 153 ALR 276 Kaduthodil v NRMA Insurance [2007] NSWSC 451 Kounnas v Citywide Civil Engineering Pty Ltd [2012] NSWCA 287 McGinn v Ashfield Council [2012] NSWCA 238 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Neat Holdings Pty Ltd v Karajan (1992) 110 ALR Penson v Titan National Pty Ltd (No 2) [2015] NSWCA 120 Walsh v Parramatta City Council [2007] NSWLEC 255; (2007) 161 LGERA 118 Wang v Yamamoto [2015] NSWSC 942 Yarraford Pastoral Co Pty Ltd v Lewington [2015] NSWSC 522 Texts Cited: J D Heydon, Cross on Evidence (9th ed 2013, LexisNexis Butterworths) Category: Principal judgment Parties: Wassim El-Kabbout (Plaintiff) Insurance Australia Ltd t/as NRMA Insurance (Defendant) Representation: Counsel: L Byrne (Plaintiff) A Ahmad (Defendant)