The Court dismissed two sets of Supreme Court proceedings (one in equity, one in common law) as an abuse of process where the plaintiff had failed to avail herself of available statutory appeal rights from the NCAT Appeal Panel to the Court of Appeal under s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW), and had instead commenced parallel proceedings seeking effectively duplicate relief based on the same unsubstantiated allegations. The existence of an unused statutory appeal pathway, combined with duplicative proceedings, rendered both sets of proceedings an impermissible circumvention of the appellate structure.
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