Vero Insurance Limited v Owners of Strata Plan No 69352 & Ors [2011] NSWCA 138

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Vero Insurance Limited v Owners of Strata Plan No 69352 & Ors [2011] NSWCA 138 Hearing dates: 18 May 2011 Decision date: 30 June 2011 Before: Allsop P at 1, Basten JA at 2, Sackville AJA at 3. Decision: 1. Dismiss the summons. 2. Order the Applicant to pay the First Respondent's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review of decision of District Court - error of law in reasons - orders unaffected by error

INSURANCE - policy - parties to policy - policy conforming to Home Building Act 1989 (NSW) - claim by Owners Corporation in respect of common property - whether claim made on behalf of all lot proprietors - whether a single excess or multiple excesses applicable to claim Legislation Cited: Judiciary Act 1903 (Cth), ss 78A, 78B District Court Act 1973 (NSW), s 127 Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), ss 65, 67 Home Building Act 1989 (NSW), ss 3, 3A, 18B, 18D, 48A, 48I, 90, 92, 96, 99, 102; Part 6 Home Building Amendment Act 2000 (NSW), s 2; Sch 1[1], [4], [5] Home Building Amendment (Insurance) Act 2002 (NSW), Sch 1[3], [4] Strata Schemes (Freehold Development) Act 1973 (NSW), ss 5, 7, 18, 20, 21, 24 Strata Schemes Management Act 1996 (NSW), ss 8, 11, 61, 62, 226, 227 Home Building Regulation 1997, reg 5, 7, 46, 56 Cases Cited: Carre v Owners Corporation - Strata Plan 53020 (2003) 58 NSWLR 302 Owners Strata Plan No 43551 v Walter Construction Group Pty Ltd [2004] NSWCA 429, 62 NSWLR 169 Muldoon v Church of England Children's Homes Burwood [2011] NSWCA 46 Proprietors of Strata Plan No 6522 v Furney [1976] 1 NSWLR 412 Re McBain; Ex parte Catholic Bishops Conference [2002] HCA 16; 209 CLR 372 Sin Yong Yim v Industrial Relations Commission (NSW) [2007] NSWCA 77 Solution 6 Holdings Ltd v Industrial Relations Commission (NSW) [2004] NSWCA 200; 60 NSWLR 558 Texts Cited: M Aronson, B Dyer and M Groves, Judicial Review of Administrative Action (4th ed, 2009) Category: Principal judgment Parties: Vero Insurance Limited ACN 005297807 (Applicant)