The Owners - Strata Plan 64415 v Vero Insurance Ltd; The Owners - Strata Plan 64415 v Vero Insurance Ltd [2014] NSWSC 1500

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan 64415 v Vero Insurance Ltd; The Owners - Strata Plan 64415 v Vero Insurance Ltd [2014] NSWSC 1500 Hearing dates: 15 and 16 October 2014; further written submissions 23 October 2014 Decision date: 30 October 2014 Jurisdiction: Common Law Before: Stevenson J Decision: That the referee's report be adopted and the two proceedings be dismissed Catchwords: PRACTICE AND PROCEDURE - adoption of referee's report - whether referee erred in finding proceedings statute barred - whether the "appeal" referred to in s 48A of the Home Building Act 1989 creates a separate cause of action - whether referee denied plaintiff procedural fairness - whether referee failed to give reasons for conclusions on quantum Legislation Cited: Building Services Corporation Act 1989 Building Services Corporation Legislation Amendment Act 1996 Consumer Claims Act 1988 Evidence Act 1995 Home Building Act 1989 Home Building Amendment (Insurance) Act 2002 Home Building Regulation 2004 Home Building Legislation Amendment Act 2001 Interpretation Act 1987 Limitation Act 1969 Uniform Civil Procedure Rules 2005 Cases Cited: Chocolate Factory Apartments Pty Ltd v Westpoint Finance [2005] NSWSC 78 Defence Housing Authority v Building Insurers' Guarantee Corporation [2005] NSWSC 206; 189 FLR 197 Mainteck Services Pty Ltd v Stein Heurty SA [2014] NSWCA 184 The Owners Strata Plan 57504 v Building Insurers Guarante Corporation [2008] NSWSC 1022 The Owners Strata Plan 58068 v Fair Trading Administration Corporation [2007] NSWSC 1235 The Commonwealth v Mewett [1997] HCA 29; 191 CLR 471 Xuereb v Viola (1989) 18 NSWLR 453 Texts Cited: N Seddon, R Bigwood and M Ellinghaus, Cheshire & Fifoot Law of Contract, (10th Aust ed, 2012, Lexis Nexus Butterworths) Category: Principal judgment Parties: The Owners - Strata Plan 64415 (Plaintiff) Vero Insurance Limited (Defendant) Representation: Counsel: M S Jacobs QC (Plaintiff) M J Dawson (Defendant)