Basham v Fair Trading Administration Corporation [2000] NSWFTT 11

Basham v Fair Trading Administration Corporation [2000] NSWFTT 11

The Fair Trading Tribunal lacks jurisdiction to hear the appeal as the application was not filed within the time limits set by the Home Building Act 1989, and there is no statutory mechanism to extend those limits; thus the application must be dismissed.

Jurisdiction
Australia
Judgment Date
18 May 2000
Procedural Posture
Appeal / Decision on Jurisdiction
Outcome
application dismissed for want of jurisdiction
Legal Topics
['insurance Claim' 'major Structural Defect' 'appeal Time Limits' 'jurisdiction']
['home Building' 'insurance' 'administrative Law'] ['insurance Claim' 'major Structural Defect' 'appeal Time Limits' 'jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Decision on Jurisdiction

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to hear an appeal against the decline of an insurance claim lodged outside the statutory time limits' 'Whether time limits for appeal under the Home Building Act 1989 can be extended by the Fair Trading Tribunal Act 1998']

Ratio Decidendi

The Fair Trading Tribunal lacks jurisdiction to hear the appeal as the application was not filed within the time limits set by the Home Building Act 1989, and there is no statutory mechanism to extend those limits; thus the application must be dismissed.

Court Disposition

application dismissed for want of jurisdiction

Orders

  • ['Application of Mr Basham filed 17th September 1999 be dismissed.']