Benson v NSW Self Insurance Corporation [2023] NSWCATCD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Benson v NSW Self Insurance Corporation [2023] NSWCATCD 103 Hearing dates: 24 March 2023 Date of orders: 03 August 2023 Decision date: 03 August 2023 Jurisdiction: Consumer and Commercial Division Before: H Woods, Senior Member Decision: (1) The application is dismissed. (2) In respect of costs: (a) If any party wishes to seek an order other than each party is to pay its own costs, it is to file and serve submissions and any evidence in support of its application for costs within 14 days of the date of these orders; (b) any submissions or evidence in response are to be filed and served within a further 7 days; (c) any submissions in respect of costs are to state whether the party consents to the question of costs being determined on the papers, and if not why; and (d) if no application is made for costs, there will be no order as to costs with the intent that each party pay its own costs. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Insurance — Claims Legislation Cited: Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Residential Tenancies Act 2010 (NSW) Act 2013 (NSW) Cases Cited: Hawli v NSW Self Insurance Corporation [2017] NSWCATCD 38 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50; 260 CLR 232 Category: Principal judgment Parties: Tegan Elise Benson (First Applicant) Jorge Jaramillo Gaviria (Second Applicant) Rigmor Benson (Third Applicant) NSW Self Insurance Corporation (Respondent) Representation: Solicitors: Applicants (Mbt Lawyers) Respondent (Hicksons Lawyers) File Number(s): HB 22/20624 Publication restriction: Nil