NSW Civil and Administrative Tribunal (NCAT)

COSTS — whether appellant establishes special circumstances enlivening discretion to award costs- whether appellant should be required to contribute to respondent’s solicitor’s costs.

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — breach of statutory warranties — defective and incomplete work — repudiation of contract by builder — assessment of damages — uninsured builder — adjustment of damages for…

APPEALS — Right of appeal — Question of law — CONSUMER LAW — Consumer Claim — Contract for the supply of services — repairer’s lien — CONTRACTS — Construction — Principles

APPEAL — procedural fairness — opportunity to present case — question of law — whether denial of procedural fairness was material — merger

APPEALS — Leave to appeal — Evidence on application for leave — BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Insurance — Consequences of failure to obtain — BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Building…

APPEALS — right of appeal — scope of right — error of law — No error on a question of law established

APPEAL — administrative review — access to government information — appellant subject to restraint order — whether appellant denied natural justice or procedural fairness- whether Tribunal failed to consider material filed by Appellant…

APPEAL — from discretionary decision to refuse to award costs where Calderbank offers issued — indemnity costs

Appeal against guardianship order- whether appellant denied procedural fairness- whether guardianship order made in reliance on evidence to which appellant was denied opportunity to respond

APPEALS — Right of appeal — Scope of right — Error of law — APPEALS — Orders on appeal — Remittal

COSTS — whether special circumstances exist warranting an award of costs — where respondent relied upon appellant’s possible use of AI, the relative strengths of the parties’ claims, the appellant’s conduct in other proceedings and his…

APPEAL — Question of law — where the Appeal Panel is exercising administrative power when determining an appeal under the GIPA Act; whether the Appeal Panel is confined to conducting a merits review of the primary decision — effect of the…

REAL PROPERTY — RETAIL LEASES — urgent interlocutory application — re-entry and demolition of premises after alleged non-compliance with notice of breach and associated contests — whether ought to be treated as having altered to final…

HEALTH — professional discipline — pharmacist — conduct significantly below the standard reasonably expected — unsatisfactory professional conduct — professional misconduct — appropriate protective orders — reprimand — conditions — COSTS…

APPEALS — consent orders — jurisdiction — APPEALS — consent orders — unilateral mistake

COSTS — costs application by the respondent — principles — withdrawal of appeal by the appellant — no hearing on the merits — costs application dismissed

BUILDING and CONSTRUCTION — home building — evidence required for determining a breach of 18B(1)(a) of the Home Building Act 1989 (NSW) — use of electronic evidence (video) — procedural fairness — no possibility of different outcome…

CONSUMER LAW — section 79O of the Fair Trading Act 1987 — jurisdiction of the Tribunal to hear claims by a supplier of services

OCCUPATIONS — Medical practitioners — Suspension of registration under s 150 of the Health Practitioner Regulation National Law — External appeal under s 159 — Impairment — Lack of insight — Risk to patient health and safety — Appeal…

OCCUPATION — Application of lay associate for approval under s 121(1) of the Legal Profession Uniform law (NSW) [2026] — application previously approved and this application seeks amendment to existing orders — no reason not to continue…

APPEAL — question of law — procedural fairness — weight of evidence — just and equitable — proceedings on renewal

APPEALS — extension of time — whether extension of time should be granted — Civil and Administrative Tribunal Act 2013 (NSW) s 41 — CONSUMER LAW — motor vehicle — order for repair of vehicle -whether fair and equitable

LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Termination — By landlord — meaning of ‘the landlord’ — whether owner is the landlord — undisclosed principal — standing of owner to apply to Tribunal for a termination order

APPEALS — strata title — refusal of applications under ss 149 and 150 of the Strata Schemes Management Act 2015 (NSW) — costs awarded against lot owner — lot owner successfully appealed the order under s 150 of the Strata Schemes…

CONSUMER LAW — Jurisdiction — NSW Civil and Administrative Tribunal Consumer and Commercial Division — Jurisdiction and powers — FairTrading Act 1987 (NSW) Part 6A, meaning of “Consumer Claims” and “Supplier”. CONSUMER LAW — NSW Civil and…

APPEAL — right to appeal — question of law — relevant considerations — irrelevant considerations — meaning of “necessary in the conduct of the applicant’s business or employment”

APPEAL — right of appeal — no question of law — factual findings — leave to appeal — DISCRIMINATION — racial discrimination — hypothetical comparator — drawing of inference of race as a reason for conduct — no error as contended

APPEALS — Residential Tenancy agreement — Social Housing- Rental arrears — Breach- Termination based on non-payment of rent — refusal of stay of proceedings where criminal proceedings on foot — Consideration of the circumstances of the…

APPEALS — Appeal on question of law — whether Tribunal failed to afford procedural fairness to party — BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) s. 48O — work order — order to perform any specified work, service or…

PROCEDURE — application for non-publication orders — where the Tribunal has made a non-publication order in relation to the party’s name — whether the Tribunal has power to prohibit disclosure of the file number — whether disclosure of…

PRACTICE AND PROCEDURE — stay of operation of decision under appeal — strength of appeal — prejudice to the parties if stay is granted

APPEAL — application to vary interlocutory order — whether application can be used as a mechanism of appeal — application dismissed — APPEALS — bias — application for recusal — application dismissed — APPEALS — referral of question of law…

ADMINISTRATIVE LAW — decision to cancel contractor licence under Home Building Act 1989 (NSW) and to temporarily disqualify the Applicant — improper conduct — fit and proper person

OCCUPATIONS — health practitioner — nurse — reinstatement order made — conditions to be imposed on registration

Appeals — Consumer claim — Acceptable quality — Major Failure — Rejection of goods — Refund and removal of goods

PRACTICE AND PROCEDURE — stay of operation of decision under appeal — whether appeal is rendered futile — assessment of prejudice to the parties if stay is granted

APPEALS — Appeal on question of law — Scope of question of law — APPEALS — Leave to appeal — Principles governing — Leave to appeal granted — Appeal dismissed — LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Six claims of…

LAND LAW — Strata title — Common property — Maintenance and repair of common property

COSTS — nurse — appeal against refusal of registration application — failure to meet English language registration standard

APPEAL — procedural fairness — no attendance at hearing by appellant — appellant not given opportunity to be heard in matter — no reasonable steps taken to ensure appellant was aware of proceedings

ADMINISTRATIVE LAW — application for renewal of motor repairer’s licence — undischarged bankrupt

LEASES − residential tenancy — alleged breach of the right to quiet enjoyment in s 50 of the Residential Tenancies Act 2010 (NSW) — noise disturbance from cracked driveway alongside the residential premises- driveway controlled by the…

APPEAL — administrative review — refusal of contractor licence — appellant disqualified from holding a licence — whether offence of dishonesty — exercise of discretion to ignore offence — no question of law — no ground to grant leave to…

OCCUPATION — Registered Nurse — Stage Two — Guilty of unsatisfactory professional conduct and Professional Misconduct — Cancellation of Registration

APPEAL — right to appeal — question of law — breach of procedural fairness — discretionary decision — House v The King principles — GOVERNMENT INFORMATION — access application — unreasonable and substantial diversion of the resources…

APPEAL — suppression and confidentiality order — application for suppression orders and pseudonym orders — LEASES AND TENANCIES — meaning of residential tenancy agreement — essential ingredients of a residential tenancy agreement…

APPEALS — leave to appeal — contract — damages arising from breach — breach of preliminary agreement — weight of evidence — fair and equitable principles — causation and quantum

LEASES AND TENANCIES — social housing tenancy — claims by tenant of breaches of s 50 (1), s 52 (1) and s 63 (1) of the Retail Tenancies Act 2010 (NSW) — four separate proceedings brought in respect of different alleged breaches — heard…