NCAT Appeal Panel

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…

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

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…

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…

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

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

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…

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…

APPEAL — procedural fairness — Tribunal’s obligations to self-represented litigants — significant new evidence

APPEALS — standing of party to bring an internal appeal where application for joinder refused — whether a “party to the proceedings” within the meaning of s 80(1) of the Civil and Administrative Tribunal Act 2013 — PROCEDURE — standing to…

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…

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…

COSTS — Appeal from costs decision — s 60 Civil and Administrative Tribunal Act 2013 (NSW) — r 38(2)(b) Civil and Administrative Tribunal Rules 2014 (NSW) — parties successful on different issues — proportionate costs order — exercise of…

APPEALS — Leave to appeal — Principles governing — Leave to appeal refused — BUILDING AND CONSTRUCTION — s 37 Design and Building Practitioners Act 2020 (NSW) — negligence — duty of care — statutory extension — breach of duty by nominated…

APPEAL — appeal against restraint order made under s 110 of the Government Information (Public Access) Act 2009 (NSW) — whether Tribunal actually biased — whether reasonable apprehension of bias arose — whether Tribunal lacked…

APPEALS — residential tenancy — extension of time to file appeal not granted — inadequate evidence explaining delay — absence of transcript impacts upon assessment of merits

LAND LAW — COMMUNITY SCHEMES — application for appointment of compulsory managing agent — proper parties — standing to make application — dismissal for lack of due despatch (want of prosecution) — inadequate explanation for delay of years…

LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Quiet enjoyment — Unwarranted threat to list tenant on residential tenancy database not of itself a breach of quiet enjoyment