Alexakis v AAI Limited t/as GIO Insurance [2016] NSWCATAP 241

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alexakis v AAI Limited t/as GIO Insurance [2016] NSWCATAP 241 Hearing dates: 13 October 2016 and 19 October 2016 Date of orders: 10 November 2016 Decision date: 10 November 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member D Goldstein, Senior Member Decision: (1) The time to file the appeal is extended to 24 July 2016. (2) The appeal is allowed and to the extent necessary leave to appeal is granted; (3) The order made 15 June 2016 in application GEN 16/17469 is set aside and in lieu thereof the following orders are made: (a) The respondent, AAI Limited trading as GIO Insurance, is to pay the applicant, Peter Alexakis, the sum of $4,192.05 (Principal Sum) immediately; (b) The respondent is to indemnify the applicant for an amount equivalent to any amount paid by the appellant to Mr Campos pursuant to s101 of the Civil Procedure Act for interest on the Principal Sum, such amount to be limited to the amount of interest from the date of the Local Court Judgement (namely 8 October 2014) to a date not later than 3 days following the date the Principal Sum is paid to the appellant. (4) The parties may apply to the Tribunal at first instance to fix the amount payable pursuant to the previous order if that amount cannot be agreed. The Tribunal may be constituted by any member for this purpose Catchwords: Adequacy of reasons- error of law, failure to deal with significant evidence and explain process in rejecting evidence. Leave to appeal- inferences drawn, weight of evidence, substantial miscarriage of justice Damages- breach of obligation of insurer to indemnify insured, liability of insurer for interest on unpaid judgement against insured unable to pay. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil Procedure Act, 2005 Insurance Contracts Act, 1984 (Cth) Insurance Contracts Regulation, 1985 (Cth) Cases Cited: Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 CGU Insurance Limited v AMP Financial Planning Pty Ltd [2007] HCA 36 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Collins v Urban [2014] NSWCATAP 17 Hadley v Baxendale (1854) 9 Ex 341, 156 ER 145 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Category: Principal judgment Parties: Peter Alexakis (Appellant) AAI Limited Trading as GIO Insurance (Respondent) Representation: Solicitors: Appellant (in person) Ms Rayfield (Respondent) File Number(s): AP 16/33822 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 15 June 2016 Before: C Campbell, General Member File Number(s): GEN 16/17649