Hawli v NSW Self Insurance Corporation [2017] NSWCATCD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hawli v NSW Self Insurance Corporation [2017] NSWCATCD 38 Hearing dates: On the papers Decision date: 26 May 2017 Jurisdiction: Consumer and Commercial Division Before: G.J. Sarginson, Senior Member Decision: 1 The respondent, NSW Self Insurance Corporation, is to pay the applicant, Jannine Hawli, the amount of $46,785.29 immediately. 2 The respondent, NSW Self Insurance Corporation, is to pay the applicant, Jannine Hawli, the sum of $2,750.00 in respect of costs, immediately. Catchwords: Home Building-Definition of "residential building work"-Whether "residential building work" "commenced"-Construction of policy of home warranty insurance-Amount payable under the policy Legislation Cited: Home Building Act 1989 ss 48A, 48K, 92, 99, 102, Sch 1 Cl 2 Home Building Regulation 2014 Reg 40, 49, Environmental Planning and Assessment Act 1979 s81A, and 95 Environmental Planning and Assessment Regulation 2000 Reg 142 Civil and Administrative Tribunal Act 2013 ss 50, 60 Civil and Administrative Rules 2014 Cl 38 Cases Cited: Woolfe v Alexander Sussman t/as A Sussman Construction Consulting Services and Anor [2001] NSWSC 702 Provincial Homes v Doyle [2004] NSWSC 624 AIM Partnership v Rathchime [2010] NSWSC 860 Grygiel v Baine & Ors [2005] NSWCA 218 Barry v Royal & Sun Alliance Pty Ltd [2003] NSWCTTT 805 Collings Homes v Head & Ors [2002] NSWSC 1219 Allcastle Homes Pty Ltd v Wilkinson [2016] NSWCATAP 3 HIH Casualty and General Insurance (NZ) Limited (in liquidation) v General Reinsurance Australia Limited and Ors [2004] NSWSC 659 Texts Cited: Bambagiotti Building Disputes & The Home Building Act 1989 (NSW) Thomson Reuters [2012] and Macquarie Dictionary Category: Principal judgment Parties: Jannine Hawli (applicant) New South Wales Self Insurance Corporation (respondent) Representation: Applicant: In person Respondent: M Kelly, Solicitor File Number(s): HB 16/55786 Publication restriction: Nil