[2008] NSWCA 236

King v CGU-VACC Insurance Limited

The summons for leave to appeal is dismissed with costs.

Catchwords

Leave to appeal - circumstances of damage to vehicle clearly within exclusion provisions of insurance policy

[1]
THE COURT : The Court refuses leave in this matter.
[2]
The circumstances in which the vehicle was damaged were unambiguously covered by the exclusions. There is a question as to whether those exclusions operate when a vehicle is stolen, although, as indicated by Associate Justice Harrison, they would not. However, that is not the point in issue before us.
[3]
Further, the claim is a relatively small claim, although it is undoubtedly very important to the claimant. Nonetheless, the fact that it is a small claim is relevant to the exercise of the Court’s discretion.
[4]
The Court dismisses the summons for leave to appeal with costs.