Sachin Sharma v Insurance Australia Ltd trading as NRMA Insurance [2017] NSWCA 307

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sachin Sharma v Insurance Australia Ltd trading as NRMA Insurance [2017] NSWCA 307 Hearing dates: 31 October 2017 Decision date: 01 December 2017 Before: Macfarlan JA at [1]; Meagher JA at [2]; Sackville AJA at [103] Decision: Appeal dismissed with costs. Catchwords: EVIDENCE – inferences – findings of serious wrongdoing in civil cases – where property destroyed by fire intentionally lit – whether objective evidence justified inference as to identity of person who lit fire and as to insured having consented to that person's doing so – use of phone records to establish common user of phones – use of consciousness of guilt finding

INSURANCE – property insurance – fire – exclusions – intentional fire by someone acting with insured's consent – intentional fire by person who enters with insured's consent Legislation Cited: Evidence Act 1995 (NSW), ss 128, 140 Insurance Contracts Act 1984 (Cth), s 56(1) Cases Cited: Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Briginshaw v Briginshaw (1938) 60 CLR 336 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Jones v Dunkel (1959) 101 CLR 298 McLennan v Insurance Australia Ltd [2014] NSWCA 300; (2014) 286 FLR 453 Palmer v Dolman [2005] NSWCA 361 Pringle v Everingham [2006] NSWCA 195 Trustees of the Property of Cummins v Cummins (2006) 227 CLR 278; [2006] HCA 6 Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9 Category: Principal judgment Parties: Sachin Sharma (Appellant) Insurance Australia Ltd trading as NRMA Insurance (Respondent) Representation: Counsel: R Cavanagh SC with C O'Neill (Appellant) I Jackman SC with B Tronson (Respondent)