Wesfarmers General Insurance Pty Ltd t/as Lumley Insurance v James Arthur Fordham [2015] NSWCATAP 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wesfarmers General Insurance Pty Ltd t/as Lumley Insurance v James Arthur Fordham [2015] NSWCATAP 103 Hearing dates: 13 March 2015 Date of orders: 03 June 2015 Decision date: 03 June 2015 Jurisdiction: Appeal Panel Before: D Patten, Principal Member S Thode, Senior Member Decision: 1. Appeal allowed. 2. Orders made below quashed. 3. In lieu order (a)That the appellant pay the respondent $58,000.00 forthwith. (b)That the appellant pay the respondent's costs of the proceedings below on a party and party basis as agreed or assessed. (c) That there be no order as to the costs of the appeal. Catchwords: Home Owners Warranty Insurance - Construction of time limits in policy Legislation Cited: Home Building Act 1989 Cases Cited: Blair v Curran (1939)62CLR 464 Ramsay v Pigram(1999)118CLR271 VACC Insurance v BP Australia (1999)47NSWLR716 Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005]NSWCA248 Category: Principal judgment Parties: James Arthur Fordham (Respondent) Representation: Counsel: M J Dawson (Appellant) J Young (Respondent) File Number(s): AP 14/56173 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Date of Decision: 24 October 2014 Before: M J Cohen, Senior Member File Number(s): HB 14/28211