An insurer's potential entitlement to disclaim liability due to the insured's non-cooperation is a relevant consideration in the exercise of discretion under s 6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW), but is not determinative against the grant of leave. Where the amount in dispute is relatively small and alternative avenues remain open to the applicant, leave to appeal from refusal of a s 6(4) application may be refused even where there is an arguable error of principle.
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