BARTON v CALLIDEN INSURANCE LIMITED [2015] NSWCATAP 202

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BARTON v CALLIDEN INSURANCE LIMITED [2015] NSWCATAP 202 Hearing dates: 5 February 2015, 22 April 2015 and 29 July 2015 Date of orders: 22 September 2015 Decision date: 22 September 2015 Jurisdiction: Appeal Panel Before: P.R. Callaghan SC, Principal Member, and T. Simon, Senior Member Decision: Appeal dismissed Catchwords: Appeal – no precise identification of questions of law – construction of building contract and insurance contract under Home Building Act – objective principle of contract construction – transportable dwelling to be built in Victoria and installed in New South Wales – building contract terminated before completion in Victoria – insurance contract in name of individual and not building company – no building contract with individual – insurance did not come into operation – claim under insurance failed – inconclusive preliminary hearing on separate issues before appealed decision – appeal dismissed – no special circumstances warranting award of costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil Procedure Act 2005 Home Building Act 1989 Uniform Civil Procedure Rules 2005 Cases Cited: Australian Broadcasting Commission v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Castano v Ashglow Pty Ltd [2000] NSWSC 919 Electricity Generation Corporation v Woodside Energy (2014) 251 CLR 640 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Principal judgment Parties: Appellants: Tim Barton and Colleen Barton Respondent: Calliden Insurance Ltd Representation: Appellants: Counsel - S. Hadad Solicitors – Johnston Construction Lawyers