The Owners, SP 75903 v Dix

The Owners, SP 75903, sought to determine whether a Lower Ground Floor was a level that "includes accommodation only intended for vehicles" and was therefore excluded from the calculation of the number of levels for the purposes of determining whether a multi-storey building is exempt from the requirement to hold insurance. The dispute arose from the interpretation of clause 57BC(5) of the Home Building Regulation 1997, which was made under the Home Building Act 1989. The relevant Regulation was repealed with effect from 1 September 2004. The case was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether a Lower Ground Floor that included accommodation only intended for vehicles should be considered in determining the number of storeys for the purposes of the exemption. The court had to determine whether the Lower Ground Floor fell within the exclusion specified in clause 57BC(5) of the Home Building Regulation 1997. Additionally, the court was required to decide whether the determination of this question was an appropriate exercise of power under UCPR 28.2.

In resolving these issues, the court noted that the interpretation of clause 57BC(5) required a consideration of the ordinary meaning of the words used, the purpose of the regulation, and any relevant statutory context. The court found that the Lower Ground Floor in question did not include accommodation only intended for vehicles, and therefore, it was not excluded from the calculation of the number of levels. The court also determined that the separate question regarding the interpretation of clause 57BC(5) was an appropriate exercise of power under UCPR 28.2, as it involved a pure question of law that did not require the court to make findings of fact.

The court ordered that the Lower Ground Floor was not excluded from the calculation of the number of storeys for the purposes of determining whether the building was exempt from the requirement to hold insurance. The court's determination was based on the interpretation of the relevant statutory provisions and did not require the court to make findings of fact.