Fair Trading Administration Corporation v Owners Corporation, SP 43551 [2002] NSWSC 624

New South Wales Supreme Court

CITATION : Fair Trading Administration Corporation v Owners Corporation, SP 43551 [2002] NSWSC 624 CURRENT JURISDICTION: Equity Division Technology and Construction List FILE NUMBER(S) : SC 55006/02 HEARING DATE(S) : 30, 31 May 2002 JUDGMENT DATE : 12 July 2002

Fair Trading Administration Corporation (P) PARTIES : Owners Corporation, Strata Plan 43551 (D1) Fair Trading Tribunal of New South Wales (D2) JUDGMENT OF : Burchett AJ

J J Graves SC and T Lynch (P) COUNSEL : F C Corsaro SC and J Young (D1) I V Knight (D2 - Submitting appearance) SOLICITORS : D Catt (P) Andreones Lawyers (D1) CATCHWORDS : TECHNOLOGY AND CONSTRUCTION- Comprehensive Insurance Scheme under Building Services Corporation Regulation- Time limits for claim- Meaning of clause 7 of the Scheme- Meaning of "major structural defects"- Scope of power in clause 7 to extend times- Whether defects have to be pervasive throughout a building to be major structural defects- Meaning of "element", "substantial", "functional", "habitability" and "structure" in clause 31 of the Building Services Corporation Regulation 1990- Effect of the inclusion of examples in a regulation- Principle of construction that the unit of language is the sentence rather than individual words- Whether an element of a building that provides an essential supporting structure within clause 31(a) may also be a substantial functional element essential to habitability within clause 31(b)- Effect of pre-trial proceedings in the Fair Trading Tribunal. Acts Interpretation Act 1901 (Cwlth) s 15AD LEGISLATION CITED : Building Services Corporation Regulation 1990 Fair Trading Tribunal Act 1998, s 61 Interpretation Act 1987 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 The Commonwealth of Australia v Verwayen (1990) 170 CLR 394 CASES CITED : The King v Wilson; Ex parte Kisch (1934) 52 CLR 234 R v Brown [1996] 1 AC 543 SS Hontestroom v SS Sagaporack [1927] AC 37 DECISION : Plaintiff's proceeding dismissed with costs.