Recent Cases

The Owners – Units Plan No. 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCAFC 227 (13 December 2019) (Robertson, Anastassiou and O’Bryan JJ)


STATUTORY INTERPRETATION – operation of fidelity fund scheme – where owners corporation made two claims under fidelity certificates issued by a fidelity fund approved under the Building Act 2004 (ACT) for loss flowing from alleged breaches of statutory warranties – where claims rejected by trustees of the fidelity fund on the basis the claims were made outside the period provided for under the fidelity fund scheme – whether trustees of the fidelity fund entitled to reject claims – appeal dismissed