NSW Caselaw
Fair Trading Tribunal New South Wales
CITATION: The Owners - Strata Plan 57072 v HIH Casualty & General Insurance Limited [2000] NSWFTT 7 DIVISION: Home Building Division PARTIES: APPLICANT: The Owners - Strata Plan 57072 RESPONDENT: HIH Casualty & General Insurance Limited FILE NUMBER: BU 1999/3814 HEARING DATES: 11/11/1999 SUBMISSIONS CLOSED: DATE OF DECISION: 24/02/2000
BEFORE: Mr J Gallagher Senior Member Fair Trading Tribunal Act 1998 - ss21 & 77 LEGISLATION CITED : Fair Trading Tribunal Regulations 1999 - cl27 Home Building Act 1989 - ss84 & 86 CASES CITED: In re Vandervells Trusts (1971) AC 912 Tania Phan v Fair Trading Administration Corporation CT No 1170 of 1998 CATCHWORDS: Notice of motion to join parties - some of the parties joined are in liquidation - be joined as respondents or as cross-respondents to a cross-application - matter concerns denial of liability under an insurance policy - definition of dispute - costs MATTER FOR DECISION: Appeal under s86 of Home Building Act 1989 REPRESENTATION: APPLICANT: Mr F Corsaro RESPONDENT: Mr J Whittle SC with Mr J Gooley ORDERS: Notice of motion is refused
Reasons for Decision:
Additional Appearances
For Graham Jahn Architects Pty Ltd - Ms J Oakley, Barrister For Witsands Pty Ltd - Mr R O'Hagan of Haralambis, Solicitors For Ocean View Apartments Pty Ltd - Mr A Perkins of Colin Biggers & Paisley, Solicitors Reasons
1 On 11 August 1999 an application was lodged by The Owners – Strata Plan No. 57072 naming HIH Casualty and General Insurance Ltd as the Respondent. The application set out the following details of claim:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate