Brysha v Kingmill Pty Ltd t/as Thrifty Car Rental [2018] NSWCATCD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brysha v Kingmill Pty Ltd t/as Thrifty Car Rental [2018] NSWCATCD 81 Hearing dates: 17 September 2018 Date of orders: 04 December 2018 Decision date: 04 December 2018 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. The Tribunal orders that the applicant, Jake Brysha, is not required to pay the respondent, Kingmill Pty Ltd t/as Thrifty Car Rental the sum of $8,939.00 or any other sum, apart from the insurance excess which has already been paid, arising out of a motor vehicle accident which occurred on 30 March 2018 in South Hobart, Tasmania involving a Toyota Yaris, registered number XXX XX. Catchwords: Insurance cover provided with a car rental –attempts to exclude liability for insurance – meaning of driving dangerously or recklessly Legislation Cited: Australian Consumer Law 2010 Competition and Consumer Act 2010 Cases Cited: Kane v Dureau [1911] VLR 293 Quigley v Becker unrep WASC 22 July 1997 per White J R v Coventry [1938] 59 CLR 633 R v Burnside [1962] VR 96 R v Lawrence [1982] AC 510 Thompson v Copeland [1936] SASR 45 Category: Principal judgment Parties: Jake Brysha (Applicant) Kingmill Pty Ltd t/as Thrifty Car Hire (Respondent) Representation: Applicant (self-represented) Mr Fehre (Recoveries Officer (Respondent) File Number(s): MV 18/25686 Publication restriction: Nil

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