Wesfarmers General Insurance Limited t/as Lumley Insurance v Nestel [2011] NSWDC 224

District Court New South Wales

Medium Neutral Citation: Wesfarmers General Insurance Limited t/as Lumley Insurance v Nestel [2011] NSWDC 224 Hearing dates: 14 & 15 December 2011 Decision date: 16 December 2011 Before: Neilson DCJ Decision: 1) Appeal dismissed 2) I order the Plaintiff pay the Defendant's costs 3) I remit the matter back to the Consumer, Trader and Tenancy Tribunal Catchwords: CTTT APPEAL - STATUTORY INTERPRETATION - proper construction of clause 52(3) of Home Building Regulation 2004 - question of whether person has "disappeared" if they have left territorial jurisdiction of NSW Legislation Cited: Home Building Regulation 2004, cl 2(3), 52(3), 56 Home Building Act 1989, s 18B, 42A, 90, 95, 99, 101 Interpretation Act 1987, s 5(2), 12(1), 17 Home Building Amendment (Insurance) Act 2002 Foreign Judgments Regulations 1992 Foreign Judgments Act 1991 Farm Produce Agents Act 1926 s 23(1) Home Building Amendment Act 2008 Cases Cited: Grannall v C. Geo Kellaway and Sons Proprietary Limited (1955) 93 CLR 36 Texts Cited: Pearce and Geddes, Statutory Interpretation in Australia, 7th edition (2011), [6.38] Category: Principal judgment Parties: Wesfarmers General Insurance Limited trading as Lumley Insurance (Plaintiff) John Nestel (Defendant) Representation: Mr L. Dawson (Plaintiff) Mr R. Alkadamani (Defendant) Vardanega Roberts (Plaintiff) In person (Defendant) File Number(s): 2011/317556