NSW Caselaw
New South Wales Supreme Court
CITATION : The Owners Strata Plan 57504 v Building Insurers' Guarantee Corporation [2008] NSWSC 1022
HEARING DATE(S) : 23/07/08 and 24/07/08
JUDGMENT DATE : 3 October 2008
JUDGMENT OF : McDougall J at 1
DECISION : See paras [169] to [173] of the judgment.
CATCHWORDS : INSURANCE – Home Building Act 1989 – statutory insurance – policy provided indemnity for loss where notification is made within six months of indemnified party becoming aware of such loss, but not after the expiry of the seven year period – whether policy complied with Act - successors in title entitled to benefits of statutory warranties. - DAMAGES – residential building contract – loss arising from construction not in accordance with contract, plans and specifications – rectification – remedial work must be necessary to produce conformity with the contract and reasonable in the circumstances. - PRACTICE – referee's report – variation – referee's findings should not be re-agitated in court where conclusion open to the referee on the evidence – whether referee forms an interim or tentative view and proposes to change that view, natural justice requires the parties be informed.
Building Services Corporation Amendment Regulation 1997 Civil Procedure Act 2005 LEGISLATION CITED : Home Building Act 1989 Local Government Act 1993 Home Building Regulation 1990 Strata Scheme Management Act 1996
Bellgrove v Eldridge (1954) 90 CLR 613 Bryan v Maloney (1995) 182 CLR 609 Chocolate Factory Apartments v Westpoint Finance [2005] NSWSC 784 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 CASES CITED : FAI General Insurance Co Ltd v Australia Hospital Care Pty Ltd (2001) 204 CLR 641 Gosford City Council v GIO General LTD (2003) 56 NSWLR 542 Kirkby v Coote [2006] QCA 61 Robinson v Harman (1848) 1 Exch 850 Ruxley Electronics and Construction Ltd v Forsyth [1996] 1 AC 344 State of Queensland v JL Holdings Pty Limited (1997) 189 CLR 146
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate