Rolleston v Insurance Australia Ltd [2016] NSWSC 1561

Supreme Court New South Wales

Medium Neutral Citation: Rolleston v Insurance Australia Ltd [2016] NSWSC 1561 Hearing dates: 17 and 18 October 2016 Date of orders: 04 November 2016 Decision date: 04 November 2016 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Verdict for plaintiff for $991,946 with interest. Parties to bring in agreed calculation of interest. Reserve costs. Catchwords: INSURANCE – fraudulent claim – whether insurance claim for house fire was made fraudulently – whether the plaintiff, or someone with his connivance, started the fire – whether defendant knowingly made false representations to insurer or its agents – where the defendant must prove that the claim is fraudulent on the balance of probabilities – Insurance Contracts Act 1984 (Cth), s 56 EVIDENCE – admissibility – expert evidence – whether conclusions reached based on specialised knowledge – whether expert's reasoning process disclosed - where to admit report into evidence would result in prejudice to the defendant – Evidence Act 1995 (NSW), ss 79, 135 Legislation Cited: Evidence Act 1995 (NSW) Insurance Contracts Act 1984 (Cth) Cases Cited: Arcus Shopfitters Pty Ltd v Western Australian Planning Commission [2002] WASC 174 Bone v Wallalong Investments [2012] NSWSC 137 Brewarrana Pty Ltd v Commissioner of Highways (1973) 6 SASR 541 Briginshaw v Briginshaw (1938) 60 CLR 336 Manifest Shipping Co Ltd v Uni-Polaris Insurance Co Ltd [2003] 1 AC 469 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Rejfek v McElroy (1965) 112 CLR 517 Sgro v Australian Associated Motor Insurers Ltd (2015) 91 NSWLR 325 To v Australian Associated Motor Insurers Ltd (2001) 3 VR 279 Transport Industries Insurance Co Ltd v Longmuir [1997] 1 VR 125 Walton v Colonial Mutual Life Assurance Society Ltd [2004] NSWSC 616 Western Australian Planning Commission v Arcus Shopfitters Pty Ltd [2003] WASCA 295 Category: Principal judgment Parties: John Phillip Rolleston (Plaintiff) Insurance Australia Ltd (Defendant) Representation: Counsel: A Greinke / W Wild (Plaintiff) G Carolan (Defendant)