New South Wales Self Insurance Corporation v Kavanagh [2024] NSWCATAP 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: New South Wales Self Insurance Corporation v Kavanagh [2024] NSWCATAP 109 Hearing dates: 24 May 2024 Date of orders: 13 June 2024 Decision date: 13 June 2024 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member G Ellis SC, Senior Member Decision: (1) The appeal is dismissed. (2) The Appellant is to pay the Respondent's costs of and incidental to the appeal as agreed or assessed. Catchwords: HOME BUILDING APPLICATION – building claim – appeal against decision of insurer under building cover contract – whether policy provision excludes cover – successor in title – whether successor in title has an interest in the work – non-completion of work by builder Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Home Building Amendment (Compensation Reform) Act 2017 Cases Cited: Australian National Railways Commission v Collector of Customs (SA) (1985) 8 FCR 264 Hope v Bathurst City Council (1980) 144 CLR 1 James v Jandson Pty Ltd [2022] NSWSC 1686 The Owners – Strata Plan No 66375 v King [2018] NSWCA 170 Rogers v Vinoly [2016] NSWCATAP 2 Texts Cited: Nil Category: Principal judgment Parties: New South Wales Self Insurance Corporation (Appellant) Alana Kavanagh (Respondent) Representation: Counsel: S Ahmed (Appellant) T Smartt (Respondent)