• MCK Lawyers

Sudesh Sharma v Insurance Australia Limited [2017] NSWCA 55

Updated: Feb 20, 2021

Court of Appeals dismissed the insured's appeal against our client, the insurer.

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.

The notice of appeal contains eleven grounds.

You can read the full decision via this link.

11 views0 comments

Recent Posts

See All

MCK Lawyers acted for the insurer in this case. The decision was about expert evidence, particularly valuation evidence. The claim was defended on a number of grounds including a challenge to the evid