HIA Insurance v CTTT & 2 Ors [2004] NSWSC 82

HIA Insurance v CTTT & 2 Ors [2004] NSWSC 82

The appeal was dismissed because the summons was filed out of time, no reason was proffered to explain the delay, and the appeal was in any event premature because the Tribunal Member's refusal to strike out the cross claim was interlocutory and did not finally determine the parties' rights or put an end to the proceedings.

Jurisdiction
Australia
Judgment Date
24 February 2004
Procedural Posture
Appeal From Decision of Consumer Trader Tenancy Tribunal on a Question of Law / Application by Summons Seeking to Set Aside Tribunal Decisions, Declarations and Extension of Time to Appeal
Outcome
The Tribunal decision was affirmed and the appeal and summons were dismissed, with the plaintiff ordered to pay the defendants' costs as agreed or assessed.
Legal Topics
['appeal From Cttt' 'home Owners Warranty Insurance' 'building Contract' 'extension of Time to Appeal' 'interlocutory Decision' 'joinder of Parties']
['administrative Law' 'building and Construction' 'insurance' 'consumer and Trader Tenancy'] ['appeal From Cttt' 'home Owners Warranty Insurance' 'building Contract' 'extension of Time to Appeal' 'interlocutory Decision' 'joinder of Parties']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal From Decision of Consumer Trader Tenancy Tribunal on a Question of Law / Application by Summons Seeking to Set Aside Tribunal Decisions, Declarations and Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether the plaintiff should be granted an extension of time to institute an appeal against the Tribunal decision heard and delivered ex tempore on 13 August 2001.' 'Whether the Tribunal Member erred in concluding that the policy evidenced by the certificate was presumptively binding and satisfied the statutory requirements of the Home Building Act 1989 (NSW).' "Whether the Tribunal's decision to join the plaintiff to the proceedings was ultra vires." 'Whether the appeal was premature because the Tribunal decision was interlocutory and did not finally determine the rights of the parties.']

Ratio Decidendi

The appeal was dismissed because the summons was filed out of time, no reason was proffered to explain the delay, and the appeal was in any event premature because the Tribunal Member's refusal to strike out the cross claim was interlocutory and did not finally determine the parties' rights or put an end to the proceedings.

Court Disposition

The Tribunal decision was affirmed and the appeal and summons were dismissed, with the plaintiff ordered to pay the defendants' costs as agreed or assessed.

Orders

  • ['The decision of Tribunal Member Dr Stephen Smith dated 11 November 2002 is affirmed.' 'The appeal is dismissed.' "The plaintiff's summons filed 21 January 2003 is dismissed." "The plaintiff is to pay the defendants' costs as agreed or assessed."]