Issa v Australian Alliance Insurance Co Ltd t/as Shannons Insurance [2017] NSWCA 87

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Issa v Australian Alliance Insurance Co Ltd t/as Shannons Insurance [2017] NSWCA 87 Hearing dates: 2 May 2017 Decision date: 02 May 2017 Before: Beazley ACJ and Basten JA Decision: (1) Refuse the application for leave to appeal.

(2) Order the applicants to pay the respondent's costs of the application. Catchwords: APPEAL – application for leave to appeal – judgment below was an appeal limited to questions of law – failure to identify clearly any question of law – amount in issue well below amount triggering the need for leave – no issue of principle – costs already incurred disproportionate to amount in issue

MOTOR ACCIDENT – whether accident proved to have occurred "without intent" – three vehicle collision – drivers not previously known to each other – objective evidence not consistent with descriptions given by drivers – claimants failed to satisfy magistrate as to how collision occurred Legislation Cited: Local Court Act 2007 (NSW), ss 39, 40 Cases Cited: Azzopardi v Tasman UEB Industries Pty Ltd (1985) 4 NSWLR 139 State Super SAS Trustee Corporation v Cornes [2013] NSWCA 257 Tolson v Roads and Maritime Services [2014] NSWCA 161 Category: Procedural and other rulings Parties: Peter Issa (First Applicant) Eva Issa (Second Applicant) Australian Alliance Insurance Co Ltd t/as Shannons Insurance (Respondent) Representation: Counsel: Mr J Clarke SC/Mr J O'Connor (Applicants) Mr B Burke (Respondent)