Walter Construction Group v FTAC; FTAC v Owners S/P 43551

• 1. ADMINISTRATIVE LAW — Statutory interpretation — Anshun estoppel — Proper construction of the statutory insurance scheme under the Building Services Corporation Act 1989 subsequently re-named Home Building Act 1996 ("the Act") and of Building Services Corporation Regulation 1990 — Whether approval by administrator of the Scheme, Fair Trading Administration Corporation ("FTAC"), could be revoked in the circumstances and having regard to belated contention not previously made before Consumer Trader and Tenancy Tribunal and on appeal on question of law to the Supreme Court that building defects fell outside clause 9 of the Regulations being design defects — Jurisdictional fact or matter decided in course of decision-making process and relevant factors or indicators — Capacity to revoke earlier approval of payment prior to payment being made and after ten years having regard to clause 10 of Regulations — Capacity to settle disputed claims under s101(1) and s105(3) of the Act — FTAC as model litigant — Effect of statutory interpretation producing oppressive or absurd result further reason for rejecting it when not compelled by language of the statute — Indemnity costs where abuse of process — Capacity to make cost orders against builder when builder a party in only one set of proceedings against it and not the parallel proceedings brought by FTAC.

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