Kalokerinos & Anor v HIA Insurance & Anor [2003] NSWSC 991

New South Wales Supreme Court

CITATION : Kalokerinos & Anor v HIA Insurance & Anor [2003] NSWSC 991 HEARING DATE(S) : 24 June 2003 JUDGMENT DATE : 4 November 2003 JURISDICTION: Common Law - Administrative Law List JUDGMENT OF : Master Harrison DECISION : (1) The appeal is dismissed; (2) The amended summons filed 24 June 2003 is dismissed; (3) The decision of Tribunal Member C Paull dated 25 July 2002 is affirmed except so far as costs referred to in Order (4) are concerned; (4) The matter is remitted to the Tribunal Member for the determination of costs; (5) The plaintiffs are to pay the first defendant's costs of the appeal

CATCHWORDS : Appeal decision of CTTT - building contract LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001 - s 65(3) Home Building Act 1989 (NSW) - ss 7 & 10 Amaca Pty Ltd formerly known as James Hardie & Coy Pty Ltd v CSR [2001] NSWSC 285 Asia Television Ltd v Yau's Entertainment Pty Ltd [2000] FCA 254 Boranga v Flintoff (1997) 19 WAR 1 Codelfa Constructions Pty Ltd v State Rail Authority of NewSouth Wales (1982) 149 CLR 337 CASES CITED : Great City Pty Ltd v Kemayan Management Services (Australia) Pty Ltrd & Ors [1999] WASC 70 Magill v National Australia Bank Ltd [2001] NSWCA 221 Port Jackson Stevedoring Pty Ltd v Salmond & Sparggon Aust Pty Ltd (1978) 139 CLR 231 Spunwill Pty Ltd v BAB Pty Ltd (1994) 36 NSWLR 290 White v Australian and New Zealand Theatres Ltd (1943) 67 CLR 267 Leo Kalokerinos (First Plaintiff)