Owners Corp – SP 14846 v Wesfarmers General Insurance Ltd t/as Lumley General [2015] NSWCATAP 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corp – SP 14846 v Wesfarmers General Insurance Ltd t/as Lumley General [2015] NSWCATAP 204 Hearing dates: 20 March 2015, and submissions received 28 April 2015 Date of orders: 22 September 2015 Decision date: 22 September 2015 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member T Simon, Senior Member Decision: Appeal dismissed Catchwords: Appeal – home warranty insurance – original defective work uninsured – rectification work by builder at no cost to owner also defective - whether insurance subsequently obtained covered or excluded loss – construction of insurance policy – jurisdiction of Tribunal to deal with alleged insurance settlement. Legislation Cited: Home Building Act 1989 (NSW) Home Building Regulation (NSW) 2004 Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613 Grygiel v Baine [2005] NSWCA 218 Robinson v Harman (1848) 1 Ex 850 Taylor v Dexta Corporation Limited [2006] NSWCA 310 The Owners – Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067; Wallaby Grip Limited v QBE Insurance (Australia) Limited; Stewart v QBE Insurance (Australia) Limited [2010] HCA 9 Brett Wolinski Building Pty Ltd v HIA Insurance Services Pty Ltd [2003] NSWSC 475 Woolfe v Sussman [2001] NSWSC 702 Texts Cited: Clarke, The Law of Insurance Contracts,6th ed (2009) at 466 Category: Principal judgment Parties: The Owners – Strata Plan 14846 (Appellant) Wesfarmers General Insurance Ltd t/as Lumley General (Respondent) Representation: Counsel: D Neggo (Appellant) MJ Dawson (Respondent)