Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Owners - Units Plan No. 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCAFC 227 Appeal from: The Owners – Units Plan No. 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCA 115
File number: ACD 15 of 2019
Judges: ROBERTSON, ANASTASSIOU AND O'BRYAN JJ
Date of judgment: 13 December 2019
Catchwords: STATUTORY INTERPRETATION - operation of fidelity fund scheme - where owners corporation made two claims under fidelity certificates issued by a fidelity fund approved under the Building Act 2004 (ACT) for loss flowing from alleged breaches of statutory warranties - where claims rejected by trustees of the fidelity fund on the basis the claims were made outside the period provided for under the fidelity fund scheme - whether trustees of the fidelity fund entitled to reject claims - appeal dismissed
Legislation: Building Act 1972 (ACT) ss 58E, 64 Building Act 2004 (ACT) ss 37, 88, 90, 93, 166 Building Amendment Act 2002 (ACT) Building (Residential Building Warranty) Amendment Act 2003 (ACT) Insurance Contracts Act 1984 (Cth) s 54 Legislation Act 2001 (ACT) ss 82, 88 Unit Titles Act 2001 (ACT) ss 33, 38, 47 Unit Titles (Management) Act 2011 (ACT)
Cases cited: Allina Pty Ltd v Federal Commissioner of Taxation (1991) 28 FCR 203 Austereo Ltd v Trade Practices Commission (1993) 41 FCR 1 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Esso Australia Ltd v Australian Petroleum Agents' & Distributors' Association [1999] 3 VR 642 FAI General Insurance Co Ltd v Australian Hospital Care Pty Ltd (2001) 204 CLR 641 Grain Elevators Board (Vic) v Dunmunkle Corporation (1946) 73 CLR 70 Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd [2005] FCA 1812; 223 ALR 560 Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd [2006] FCAFC 144; 156 FCR 1 Re Ferguson (1995) 58 FCR 106 Re GIGA Investments Pty Ltd (in admin) (1995) 17 ACSR 472 Derrington DK and Ashton RS, The Law of Liability Insurance (3rd ed, LexisNexis, 2013), [7-16]
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