NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CN1 Pty Limited v NSW Self Insurance Corporation [2024] NSWCATCD 38 Hearing dates: 7 August 2023 Date of orders: 19 March 2024 Decision date: 19 March 2024 Jurisdiction: Consumer and Commercial Division Before: S A McDonald, Senior Member Decision: (1) By consent, the name of the respondent be amended from 'Insurance & Care NSW' to 'NSW Self Insurance Corporation'; (2) The Applicant is not a developer for the purposes of s.3A of the Home Building Act 1989 (NSW); (3) The Applicant is entitled to an indemnity from the Respondent in respect of its claim dated 2 August 2022 in the sum of $340,000.00 (or in such sum as the parties may agree, or the Tribunal may determine) pursuant to a contract of insurance bearing Policy No. HBCF20070405; and (4) The matter be listed for directions for the quantum of the Applicant's claim to be prepared for hearing and determined (if not agreed). Catchwords: Home Building – meaning of developer – breach of statutory warranties – s. 3A of the Home Building Act 1989 (NSW) – meaning of residential development. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Hawli v NSW Self Insurance Corporation [2017] NSWCATCD 38 Dieter v NSW Self Insurance Corporation [2022] NSWCATAP 52 The Owners – Strata Plan No. 79707 v Trilogy Capital Services Pty Limited [2014] NSWCATCD 205 The Owners – Strata Plan no. 79707 v Trilogy Capital Services Pty Limited [2015] NSWCATAP 171 Ace Woollahra Pty Ltd v. The Owners – Strata plan No. 61424 [2010] NSWCA 101 Trek Consulting Services Pty Ltd v Campbelltown City Council [2004] NSWLEC 627 R v Khazaal (2012) HCA 26 Category: Principal judgment Parties: CN1 Pty Limited ACN 164 313 062, Applicant NSW Self Insurance Corporation, Respondent Representation: Mr T Smartt of counsel instructed by Centurion Lawyers for the Applicant Mr S Ahmed of counsel instructed by Gillis Delaney Lawyers for the Respondent File Number(s): 2023/00407952, formerly HB 23/09406 Publication restriction: Unreserved
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