Kalloghlian v Chubb Insurance Company of Australia Ltd [2016] NSWSC 902

Supreme Court New South Wales

Medium Neutral Citation: Kalloghlian v Chubb Insurance Company of Australia Ltd [2016] NSWSC 902 Hearing dates: 24 June 2016 Date of orders: 01 July 2016 Decision date: 01 July 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) Appeal allowed. (2) Set aside the judgment of Bradd LCM of 11 December 2015. (3) Remit the matter to the Local Court to be heard by a different magistrate. (4) The Defendant should pay the Plaintiff's costs of the appeal. (5) The costs of the first trial to be at the discretion of the Magistrate hearing the re-trial. Catchwords: APPEAL – appeal from Local Court – claim on insurance policy for a lost gold Rolex watch – insurer rejected claim – magistrate finds no proof of loss – verdict for insurer – plaintiff's case largely dependent on evidence of plaintiff – reasons of magistrate – inadequacy of reasons – no assessment of plaintiff's evidence – supporting witness not cross-examined – no consideration or assessment of witness's evidence – whether magistrate asked the correct question relating to claim on the policy – error of law established – reasons inadequate –judgment set aside – remitted for further trial Legislation Cited: Insurance Contracts Act 1984 (Cth) Local Courts Act 2007 (NSW) Cases Cited: Abdel Naser Qushair v Naji Raffoul [2009] NSWCA 329 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Housing Commission of NSW v Tatmar Pastoral Co Pty Ltd and Penrith Pastoral Co Pty Ltd [1983] 3 NSWLR 378 Jung v Son [1998] NSWCA 120 McCann v Switzerland Insurance (2000) 203 CLR 579 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Zeait v Insurance Australia Limited t/as NRMA Insurance [2016] NSWSC 587 Category: Principal judgment Parties: Avedis Avik Kalloghlian (Plaintiff) Chubb Insurance Company of Australia Ltd (Defendant) Representation: Counsel: R Perla (Plaintiff) J Turnbull SC (Defendant)