Zadeh v The Hollard Insurance Company Pty Ltd [2021] NSWSC 1419

Zadeh v The Hollard Insurance Company Pty Ltd [2021] NSWSC 1419

The notice of motion was dismissed because the Court was satisfied that the defendant had provided all material in its possession, making the requested disclosure order unnecessary, and because the plaintiff's request for payment of his insurance claim was not appropriate for determination on the motion but had to await the application for leave to appeal and any consequential orders.

Jurisdiction
Australia
Judgment Date
03 November 2021
Procedural Posture
Notice of Motion in Application for Leave to Appeal / Plaintiff's Notice of Motion Filed on 5 October 2021 Heard and Dismissed; Application for Leave to Appeal Listed for Later Hearing
Outcome
Plaintiff's notice of motion dismissed with costs.
Legal Topics
['notice of Motion' 'disclosure of Material' 'motor Vehicle Insurance Claim' 'costs' 'leave to Appeal']
['civil Procedure' 'insurance'] ['notice of Motion' 'disclosure of Material' 'motor Vehicle Insurance Claim' 'costs' 'leave to Appeal']

Case Brief

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Procedural Posture

Notice of Motion in Application for Leave to Appeal / Plaintiff's Notice of Motion Filed on 5 October 2021 Heard and Dismissed; Application for Leave to Appeal Listed for Later Hearing

Legal Issues

  1. 1 ["Whether the defendant should be ordered to provide the actual duty of disclosure statement in the plaintiff's voice footage rather than a general copy or sample." "Whether the defendant should be ordered on the motion to pay the plaintiff's insurance claim amount with interest and associated costs." "Whether costs should follow the dismissal of the plaintiff's notice of motion."]

Ratio Decidendi

The notice of motion was dismissed because the Court was satisfied that the defendant had provided all material in its possession, making the requested disclosure order unnecessary, and because the plaintiff's request for payment of his insurance claim was not appropriate for determination on the motion but had to await the application for leave to appeal and any consequential orders.

Court Disposition

Plaintiff's notice of motion dismissed with costs.

Orders

  • ["The plaintiff's notice of motion filed on 5 October 2021 be dismissed." "The plaintiff is to pay the defendant's costs of and incidental to the motion."]