NSW Caselaw
New South Wales Supreme Court
CITATION : Allianz Australia v Baker & 2 Ors [2005] NSWSC 720
HEARING DATE(S) : 6 April 2005
JUDGMENT DATE : 22 July 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is upheld; (2) The Tribunal Member's decision that Sampson Developments Pty Ltd and Allianz Australia Insurance Limited jointly and severally pay Kevin Baker and Robert Minch the sum of $106,787.00 is affirmed; (3) The Tribunal Member's decision that Allianz Australia Insurance Limited pay Kevin Baker and Robert Minch the additional sum of $64,813.00 is set aside; (4) The first and second defendants are to pay the plaintiff's costs as agreed or assessed. The first and second defendants are to have a certificate pursuant to the Suitors Fund Act, if eligible.
CATCHWORDS : Appeal decision of CTTT - meaning of "indemnity" the the Home Building Act
Consumer Trader and Tenancy Act 2001 (NSW) - s 67 LEGISLATION CITED : Home Building Act 1989 - Part 2C s 18B, s 48A(2), s 92(1), s 99 Home Building Regulations 1997 (NSW) cl 43
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 CASES CITED : British Traders' Insurance Co Ltd v Monson (1964) 111 CLR 86 Chapman v Taylor & Ors; Vero Insurance Ltd v Taylor & Ors [2004] NSWCA 456
Allianz Australia Insurance Limited (Plaintiff)
Kevin Baker (First Defendant) PARTIES : Robert Minch (Second Defendant)
Consumer, Trader and Tenancy Tribunal (Third Defendant)
FILE NUMBER(S) : SC 12066/2004
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