Zeait v Insurance Australia Limited t/as NRMA Insurance [2016] NSWSC 587

Supreme Court New South Wales

Medium Neutral Citation: Zeait v Insurance Australia Limited t/as NRMA Insurance [2016] NSWSC 587 Hearing dates: 22 April 2016 Date of orders: 11 May 2016 Decision date: 11 May 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The appeal is allowed.

(2) The judgment of his Honour Magistrate Brown dated 30 July 2015 is set aside.

(3) The matter is remitted to the Local Court to be determined according to law.

(4) The defendant is to pay the plaintiff's costs. Catchwords: APPEAL – Local Court – defendant denied insurance payout to plaintiff – defendant claimed damage to vehicle not covered by policy of insurance because it was caused intentionally – Magistrate gave verdict for defendant – Magistrate failed to give adequate reasons Legislation Cited: Local Court Act 2007 (NSW) Cases Cited: Jung v Son [1998] NSWCA 120 Wang v Yamamoto [2015] NSWSC 942 Category: Principal judgment Parties: Nini Zeait (Plaintiff) Insurance Australia Limited t/as NRMA Limited (Defendant) Representation: Counsel: J Jobson (Plaintiff) G Carolan (Defendant)

Solicitors: Andresakis & Associates (Plaintiff) MCK Lawyers (Defendant) File Number(s): 2015/240502 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court Parramatta Jurisdiction: General Division Citation: Nil Date of Decision: 30 July 20915 Before: Brown LCM File Number(s): 2014/105601