Lal v Auto and General Insurance Company [2018] NSWCATCD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lal v Auto and General Insurance Company [2018] NSWCATCD 32 Hearing dates: 21 June 2018 Date of orders: 26 July 2018 Decision date: 26 July 2018 Jurisdiction: Consumer and Commercial Division Before: B Shipp, Senior Member Decision: (1) The Respondent is to pay the Applicants the sum of $6,365.62 immediately Catchwords: Home Insurance contract – meaning of "Malicious Damage by Tenant" – pre-existing damage – Benefits payable – whether rental bond should be deducted – whether amount claimed as tax deduction should be deducted – Loss of Rent – meaning of "Not fit to live in" – Interest payable under Insurance Contracts Act. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Baak v Concrete Services Group Pty Ltd [2016] NSWCATAP 42 Bhandari v Laming [2015] NSWCATAP 224 Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54 Insurance Manufacturers of Australia Pty Ltd v Vandermeer [2007] VSC 28 Jeffery v Associated National Insurance Co Limited [1984] 2 Qd R 238 Keith Bannister v David and Mariam Cheung [2014] NSWCATCD 105 Robinson v Harman [1848] EngR 135; (1848) 1 Ex 850 ; [1848] EngR 135; 154 ER 363 Category: Principal judgment Parties: Applicant: Ms Sumintra Lal & Mr Bharat Lal Respondent: Auto and General Insurance Company Steinhoff Asia Pacific Pty Ltd T/As Bay Leather Republic (Respondent) Representation: Mr Darren Smith for the Applicant Mr Ben Hallam for the Respondent File Number(s): GEN 18/06646 Publication restriction: Nil