Murray v Insurance and Care NSW t/as iCare

Murray v Insurance and Care NSW t/as iCare involved a claim by Nicholas Murray against iCare, the insurance provider for compulsory home building compensation insurance, seeking a refund of an insurance premium paid by a builder. The dispute was brought before the NSW Civil and Administrative Tribunal's Consumer and Commercial Division. The primary legal issue the court needed to address was whether the claim for a refund of an insurance premium constituted a "building claim" within the meaning of the Home Building Act 1989 (NSW). Specifically, the court had to determine if such a claim fell within the jurisdiction of the Tribunal under Part 3A of the Act.

The court examined the statutory language and found that the claim for a refund of an insurance premium did not fit within the definition of a "building claim" as outlined in the Act. The court reasoned that the claim was not directly related to the construction of a building or the quality of the work performed, but rather pertained to the insurance aspect of the home building process. Consequently, the Tribunal did not have jurisdiction to hear or determine the claim under Part 3A of the Home Building Act. The court dismissed the proceeding and ordered that Nicholas Murray be removed as an applicant. The proceeding was dismissed pursuant to section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), with no order as to costs, leaving each party to bear its own costs.