Jones v Builders' Insurers Guarantee Corporation

The case of Jones v Builders' Insurers Guarantee Corporation involved the plaintiff, who sought to be indemnified by the State under section 103I(1) of the Home Building Act 1989, as they had previously been successful in HIH v Jones. The defendant, Builders' Insurers Guarantee Corporation, argued that the plaintiffs were excluded from the indemnity under section 103I(2)(b) of the Act because they were developers to which the policy related. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court were whether the plaintiffs were entitled to the indemnity under section 103I(1) of the Act and whether they were excluded from the indemnity under section 103I(2)(b) due to their status as developers. The court had to interpret the relevant provisions of the Home Building Act and determine the applicability of the exclusion clause to the plaintiffs' circumstances.

The court held that the plaintiffs were entitled to the indemnity under section 103I(1) of the Act, as they had previously been successful in their claim against HIH. However, the court found that the plaintiffs were indeed excluded from the indemnity under section 103I(2)(b) because they were developers to which the policy related. The court's reasoning was based on the plain meaning of the statutory provisions, which specifically excluded developers from the indemnity. Consequently, the plaintiffs' claim for indemnity was dismissed.

The Supreme Court of New South Wales dismissed the plaintiffs' claim for indemnity and held that they were excluded from the indemnity under section 103I(2)(b) of the Home Building Act 1989 as developers to which the policy related.