Case Summaries

The appellant claimed damages for personal injuries allegedly suffered as a result of the respondent insurer's breach of contract, including breach of duty of good faith.

MCK Lawyers acted for the insurer.

The Court dismissed the appeal finding that the primary judge was entitled to take the view that the appellant lacked credibility in relation to the alleged injury. The insurer's duty of good faith extended to determining the claim within a reasonable period of time, and the insurer acted in accordance with its duty. The primary judge was correct in finding that in the usual course of things it is not usual for someone to suffer personal injury as a result of a breach of an insurance contract.

I ran into an internal company issue days prior to going overseas; on short notice Candan made time to see me and assured me that he would attend to certain tasks whilst I was away. This of course put my mind at ease as I was going to be away for 6 weeks. I have utilised MCKs legal services since and will continue to do so.

Nuvit Esmer

Sudesh Sharma v Insurance Australia Limited [2017] NSWCA 55