Dieter v NSW Self Insurance Corporation [2022] NSWCATAP 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dieter v NSW Self Insurance Corporation [2022] NSWCATAP 52 Hearing dates: 7 February 2022 Date of orders: 23 February 2022 Decision date: 23 February 2022 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D Ziegler, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. The appellant is to pay the respondent's costs of the appeal, on the ordinary basis, as agreed or assessed. Catchwords: APPEAL – HBCI insurance policy – exclusion – definition of developer – utmost good faith COSTS –special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Insurance Contracts Act 1984 (Cth) New South Wales Self Insurance Corporation Act 2004 (NSW) Cases Cited: Alexander James Pty Ltd v Pozetu Pty Ltd (No. 2) [2016] NSWCATAP 75 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 347 ALR 405 TAL v Shuetrim (2016) 91 NSWLR 439; [2016] NSWCA 68 Texts Cited: Nil Category: Principal judgment Parties: George Dieter (Appellant) NSW Self Insurance Corporation (Respondent) Representation: Solicitors: Appellant (Self-Represented) Wotton & Kearney Lawyers (Respondent) File Number(s): 2021/00305851 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 19 October 2021 Before: R Titterton, Senior Member File Number(s): HB 21/31987