Wesfarmers General Insurance Ltd v Jameson [2016] NSWCATAP 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wesfarmers General Insurance Ltd v Jameson [2016] NSWCATAP 136 Hearing dates: 31 May 2016 Date of orders: 23 June 2016 Decision date: 23 June 2016 Jurisdiction: Appeal Panel Before: Cowdroy ADCJ, Principal Member R Titterton, Senior Member Decision: The appeal is dismissed Catchwords: HOME BUILDING ACT 1989 – application for leave to appeal – original application made out of time – 45 days required by Home Building Act – Regulation 65 of the Home Building Regulation 2004 – whether Tribunal had jurisdiction to hear matter – point not taken before Tribunal below

HOME BUILDING ACT 1989 – home warranty insurance – meaning of "structural defect" – meaning of "structural element"

Reasons for decision – adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 Consumer Claims Act 1998 Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Amalgamated Investment and Property Co Ltd v Texas Commerce International Bank Ltd (in liq) [1982] 1 QB 84 Beale v GIO of NSW (1997) 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 Gray v QBE Insurance (Australia) Ltd [2015] NSWCATCD 124 Lin v McIntosh [2016] NSWCATCD 6 O'Brien v Twyman [2016] NSWCATAP 125 Suttor v Gundowda Pty Ltd [1950] HCA 35; (1950) 81 CLR 418 Texts Cited: Spencer Bower and Turner on Estoppel by Representation, 3rd Ed, 1977 Category: Principal judgment Parties: Wesfarmers General Insurance Ltd (Appellant) Darren Jameson and Joanne Jameson (Respondents) Representation: Counsel: