NSW Caselaw
New South Wales Supreme Court
CITATION : HIA Insurance v CTTT & 2 Ors [2004] NSWSC 82 HEARING DATE(S) : 18 February 2004 JUDGMENT DATE : 24 February 2004 JURISDICTION: Common Law - Administrative Law List JUDGMENT OF : Master Harrison DECISION : (1) The decision of Tribunal Member Dr Stephen Smith dated 11 November 2002 is affirmed; (2) The appeal is dismissed; (3) The plaintiff's summons filed 21 January 2003 is dismissed; (4) The plaintiff is to pay the defendants' costs as agreed or assessed.
CATCHWORDS : Appeal decision of CTTT - building contract - preliminary issue Consumer, Trader & Tenancy Act (NSW) - s 67 Fair Trading Regulations 1999 - Reg 27(1) & (2) LEGISLATION CITED : Home Building Act 1989 (NSW) - ss 92, 94(4) Home Building Regulation 1997 - Reg 49 Insurance Contracts Act 1984 (Cth) Debis v Allied Bellambi Collieries [2000] NSWCA 274 Gallo v Dawson (1990) 64 ALJR 458 Hall v Nominal Defendant (1966) CLR 423 CASES CITED : Jakamarra v Krakouer (1998) 153 CLR 276 Pace v Read [2000] NSWSC 823 R v Cheng (1999) 48 NSWLR 616 Southern Cross Exploration Nl v Fire & All Risks Insurance Co Ltd (No 3) (1990) 21 NSWLR 200 HIA Insurance Services Pty Ltd (Plaintiff)
Consumer Trader Tenancy Tribunal (First Defendant) PARTIES : Robyn Bryden (Second Defendant)
Alan David Baldwin (Third Defendant) FILE NUMBER(S) : SC 30006/2003 Mr S Jacobs (Plaintiff)
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