Laser Sonics Pty Limited v Prynew Pty Limited & Anor [2005] NSWSC 937

New South Wales Supreme Court

CITATION : Laser Sonics Pty Limited v Prynew Pty Limited & Anor [2005] NSWSC 937

HEARING DATE(S) : 13 September 2005

JUDGMENT DATE : 19 September 2005

Common Law Division JURISDICTION : Administrative Law List

JUDGMENT OF : Associate Justice Malpass at 1

DECISION : The orders of the Tribunal are set aside; the proceedings are remitted back to the Tribunal for determination according to law of the question of the plaintiff's entitlement (if any) to the statutory relief provided by s94(1A) of the Home Building Act 1989; the costs of the proceedings are reserved; the exhibits may be returned.

CATCHWORDS : Developer and sub-contractor - liability to obtain insurance - denial of procedural fairness (plaintiff unaware of issues decided by Tribunal).

Consumer Trader & Tenancy Tribunal Act 2001, ss35, 65, 67 LEGISLATION CITED : Home Building Act 1989, ss3A, 92, 94, 98

CASES CITED : Australasian Concrete Services v Multiplex Constructions [1999] NSWSC 1140

Laser Sonics Pty Limited (Plaintiff) PARTIES : Prynew Pty Limited (First Defendant) Consumer Trader & Tenancy Tribunal (Second Defendant)

FILE NUMBER(S) : SC 30010/05

Mr S Philips (Plaintiff) COUNSEL : Mr J Miller (First Defendant)

Clearys Commercial Lawyers (Plaintiff) SOLICITORS : Avendra Singh Strati & Kam (First Defendant) I V Knight Crown Solicitor (Second Defendant)

LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW

LOWER COURT FILE NUMBER(S) : HB 04/00873

LOWER COURT JUDICIAL OFFICER : Member D A Turley

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