NSW Caselaw
New South Wales Supreme Court
CITATION : Meriton Apartments Pty Limited v Fair Trading Administration Corporation [2009] NSWSC 1238
HEARING DATE(S) : 13/11/09
JUDGMENT DATE : 17 November 2009
JURISDICTION : Equity Division Technology and Construction List
JUDGMENT OF : Einstein J
DECISION : Order that proceedings be stayed until the occasion when the defendant commences recovery proceedings against the plaintiff.
CATCHWORDS : Equity - Declaratory relief - Principles-Building Services Corporation Act 1989 (NSW) now the Home Building Act 1989 (NSW)-Provision of statutory indemnification schemes for home owners including the Comprehensive Insurance Scheme - Proceedings brought by plaintiff builder for declaratory relief that claims made by Owners of Strata Plan and settled and/or paid by defendant regulatory authority constitute settlements and payments ultra vires the scheme - Whether plaintiff builder has standing to challenge the acceptance and approval of the claim by the regulatory authority other than in proceedings for recovery by the defendant against the plaintiff - Case management-Stay of proceedings
Builders Licensing Act 1971 Building Services Corporation Legislation Amendment Act 1996 (NSW) LEGISLATION CITED : Building Services Corporation Act 1989 (NSW) Home Building Act 1989 (NSW) Supreme Court Act 1970 (NSW)
CATEGORY : Procedural and other rulings
BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd (No 2) [2008] FCA 1656 Builders' Licensing Board v Inglis & Anor (1985) 1 NSWLR 592 Dixon & Ors v Laurance (1990) QSC, unreported 1125 of 1990 Forster v Jododex (Australia) Pty Ltd (1972) 127 CLR 421 Hanson v Radcliffe UDC [1922] 2 Ch 490 CASES CITED : Jododex (Australia) v Forster [1971] 2 NSWLR 299 Johnco Nominees Pty Ltd v Albury-Wodonga (NSW) Corporation [1977] 1 NSWLR 43 McCallum Developments v The Owners Corporation SP 53908 [2002] NSWSC 1103 P & V Sammut Homes Pty Ltd v Building Services Corporation [Newman J, Supreme Court of New South Wales, 24 April 1997] Russian Commercial and Industrial Bank v British Bank for Foreign Trade Ltd [1921] 2 AC 438; [1921] All ER Rep 329 Sankey v Whitlam (1978) 142 CLR 1; 21 ALR 505 Simmonds v Newport [1921] 1 KB 616
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