Australia, March 12 -- New South Wales Land and Environment Court issued text of the following judgement on Feb. 12:
1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) ("NCAT Act") against a decision made in the Consumer and Commercial Division of the Tribunal on 19 March 2024. The appeal is about the proper construction of an insurance policy and in particular, the words "developer" and "residential development" in that policy as reflected in the Home Building Act 1989 (NSW) ("HBA").
2. The appellant ("SiCorp") is the insurer under a policy of insurance ("the Policy") with Willoughby Homes Pty Ltd ("the builder"). The respondent ("CN1") made a claim for indemnity under the Policy in respec...