CITATION: Honeywood v Munnings [2005] NSWSC 515
HEARING DATE(S): 23 March 2005
JUDGMENT DATE :
2 June 2005JURISDICTION: Common Law Division - Administrative Law List
JUDGMENT OF: Master Harrison
DECISION: (1) The appeal is dismissed; (2) The decision of the CTTT dated 27 September 2004 is affirmed; (3) The summons filed 19 November 2004 is dismissed; (4) The plaintiff is to pay the defendants' costs as agreed or assessed.
CATCHWORDS: Appeal decision of CTTT - can a party bring more than one claim against a builder
LEGISLATION CITED: Consumer Trader and Tenancy Act 2001 (NSW) - s 67
Home Building Act 1989 (NSW)
Supreme Court Rules 1970 (NSW) - Part 51ACASES CITED: Bropho v State of Western Australia (1990) 171 CLR 1
Chapman v Taylor & Ors; Vero Insurance Ltd v Taylor & Ors [2004] NSWCA 456
Coco v R (1994) 120 ALR 415
Conquer v Boot [1928] 2 KB 336
Gifford v Strang Patrick Stevedoring (2003) 214 CLR 269
Kalokerinos & Anor v HIA Insurance Services P/L & Anor [2004] NSWCA 312
Macquarie Bank Ltd v National Mutual Life Association of Australiasia Ltd (1966) 40 NSWLR 543
Onerati v Phillips Constructions Pty Ltd (1989) 16 NSWLR 73
Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355
Swain v Waverley Municipal Council [2005] NSWCA 4PARTIES: Beverley Anne Honeywood as executrix of the estate of the late Neville Honeywood
(Plaintiff)Craig Stephen Munnings
(First Defendant)Kylie Gaye Munnings
(Second Defendant)Builders' Insurers Guarantee Corporation
(Third Defendant)Registrar of CTTT
(Fourth Defendant)FILE NUMBER(S): SC 30101/2004
COUNSEL: Dr R J Desiatnik
(Plaintiff)Mr R Glasson
(First and Second Defendant)Submitting Appearance
(Third and Fourth Defendants)SOLICITORS: Ross A Derham & Associates
(Plaintiff)A C Knibb Kaine & Associates
(First & Second Defendants)Holding Redlich
(Third Defendant)Crown Solicitor
(Fourth Defendant)
LOWER COURT JURISDICTION: Consumer Trader and Tenancy Tribunal of NSW
LOWER COURT FILE NUMBER(S): HB 01/80425
LOWER COURT JUDICIAL OFFICER : Senior Member R Connolly
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
ADMINISTRATIVE LAW LISTMASTER HARRISON
30101/2004 - BEVERLEY ANNE HONEYWOOD asTHURSDAY, 2 JUNE 2005
executrix of the estate of the late
NEVILLE HONEYWOOD vJUDGMENT (Appeal decision of CTTT – can a party
CRAIG STEPHEN MUNNINGS & 3 ORS
bring more than one claim against a
builder)
1 MASTER: By summons filed 19 November 2004 the plaintiff seeks: firstly, an order pursuant to Part 51A r 3(1) of the Supreme Court Rules 1970 (NSW) (SCR) extending the time to appeal from the decision of the Consumer Trader and Tenancy Tribunal (CTTT) dated 27 September 2004; secondly, an order setting aside that decision; and thirdly, an order that the proceedings be dismissed. On 14 December 2004 Registrar Howe granted a stay of the CTTT decision until the determination of this appeal.
2 The plaintiff is Beverley Anne Honeywood as executrix of the estate of the late Neville Honeywood. The first defendant is Craig Stephen Munnings. The second defendant is Kylie Gaye…
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- Case
- [2005] NSWSC 515
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to decide was whether the Honeywoods could bring separate claims for each defect, or whether they were limited to a single claim for the total cost of repairs. The court examined the terms of the building contract and relevant legislation to determine the appropriate course of action. The Honeywoods argued that they should be able to bring multiple claims, while Munnings contended that the contract limited the claim to a single action for the total cost of repairs.
The court found that the Honeywoods were entitled to bring separate claims for each defect. The court held that the terms of the contract did not limit the Honeywoods to a single claim for the total cost of repairs, and that allowing multiple claims was consistent with the purpose of the building contract. The court also found that the Honeywoods had suffered separate and identifiable losses as a result of each defect, which supported the bringing of separate claims. The court rejected Munnings' argument that the Honeywoods were limited to a single claim, finding that it would be unjust to allow Munnings to benefit from his own wrongdoing.
The court's decision allows the Honeywoods to bring separate claims for each defect in the house, which may result in a more efficient and effective resolution of the dispute. The court's reasoning is based on a careful examination of the terms of the building contract and relevant legislation, and is consistent with the principles of fairness and justice. The final orders of the court are not provided in the text, but it is likely that the case will now proceed to a hearing on the merits of the Honeywoods' claims.
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