Cook v Sirius International Insurance Corporation Australian Branch [2021] NSWCA 192 (02 September 2021) (Gleeson JA at [1]; Payne JA at [2]; Brereton JA at [3].)


Catchwords:


INSURANCE – Claims – Property insurance – Fire – Proof – Circumstantial case – Where insurers alleged that fires in hotel premises deliberately lit – Whether plausible hypotheses consistent with innocence – Relevance of financial motive – Whether means and opportunity – Passive infrared sensors – Timing – Layout of premises – Plausibility of intruders – Appeal dismissed

APPEALS – From findings of fact – Function of appellate court – Where primary judgment not dependent on credibility findings – Court obligated to conduct a real review of the evidence and reasons