APPEAL- whether an application under s 149(1)(c) of the Strata Titles Management Act must be brought within the time of 28 days provided for by r 23(3)(b) of the Civil and Administrative Rules
Judgment of
S Westgarth, Deputy President
Dr K George, Senior Member
LANDLORD AND TENANCY - whether leave to appeal should be granted – no basis for the grant of leave made out – whether the Tribunal failed to afford the Appellant procedural fairness – no procedural unfairness made out
Judgment of
Dr R Dubler SC, Senior Member
J Connelly, Senior Member
APPEAL – where Tribunal summarily dismissed application for administrative review – whether leave should be granted to appeal from interlocutory decision
Judgment of
ADCJ Hennessy, Deputy President
R Booby, Principal Member
M Bolt, General Member
GOVERNMENT INFORMATION-whether unredacted version of COPS report with respect to an event concerning a camera in the male toilets of a café in Sydney should be disclosed to the appellant in response to his access application under the Government Information (Public Access) Act 2009 (NSW)-whether the public interest considerations against disclosure outweighed the public interest considerations in favour of disclosure APPEALS-no error of law-no grounds for leave to appeal established
Judgment of
P Durack SC, Senior Member
N Kennedy, Senior Member
Appeal – Residential Tenancy Agreement – dispute over bond – procedural unfairness by refusal to give weight to photographs – Appellant suffered no adverse consequences having regard to landlord’s evidence
Judgment of
S Westgarth, Deputy President
H Dixon SC, Senior Member
APPEAL – surcharge land tax – primary liability accepted – discretion to remit interest on reassessment under s 25 of the Taxation Administration Act 1996 (NSW)
Judgment of
Seiden SC DCJ, Deputy President
J Sullivan, Senior Member
APPEAL – Home Building Act 1989 (NSW) – contract – form of contract – enforceability of contract – repudiation – insurance – effect of failure to insure APPEAL – Parties – Joinder – party at first instance not named as respondent on appeal – proper and necessary party LEAVE TO APPEAL – Appeals from the Consumer and Commercial Division – construction and application of cl 12, Sch 4 to the Civil and Administrative Tribunal Act 2013 (NSW) – question of law – fair and equitable – against the weight of evidence – significant new evidence
Judgment of
Seiden SC DCJ, Deputy President
J Redfern, Senior Member
RESIDENTIAL TENANCY – the tenant was resident in New South Wales and the landlord resident overseas – the Tribunal wrongly determined that the Tribunal had no jurisdiction on the basis that it was exercising federal jurisdiction – no federal jurisdiction arises where the Tribunal is dealing with one party resident in New South Wales and the other party is overseas
Judgment of
Dr R Dubler SC, Senior Member
J Connelly, Senior Member
APPEALS – procedure – time limits – application to extend time to lodge an appeal – exercise of discretion – reason for delay – prospects of success on appeal – grounds of appeal – prejudice – actual bias – apprehended bias – denial of procedural fairness ADMINISTRATIVE LAW – administrative review – Government Information – whether there is an overriding public interest against disclosure – balancing the public interest
Judgment of
Seiden SC DCJ, Deputy President
L Andelman, Senior Member
Costs - rr 38 and 38A of the Civil and Administrative Tribunal Rules 2014 – appeal allowed - costs of appealed proceedings to be costs in the cause on rehearing – costs of appeal to follow the event – measure of costs recoverable by self-represented parties –where leave to be legally represented not sought or obtained – discretion to make costs orders – meaning of disbursements and out of pocket expenses.
Judgment of
P H Molony, Senior Member
D G Fairlie, Senior Member
APPEALS — home building — exercise of discretion — adequacy of evidence APPEALS — Procedure — Stay pending appeal — abuse of process — relitigating interlocutory application — oppressive — contrary to administration of justice
Judgment of
E Bishop SC, Senior Member
PH Molony, Senior Member
APPEAL – Administrative review – Jurisdiction – Notice of suspension of firearms licence – No expiry date on Notice – Whether invalid firearms licence suspension notice can or does amount to revocation notice – Tribunal’s jurisdiction to administratively review purported decisions
Judgment of
Seiden SC DCJ, Deputy President
H Dixon SC, Senior Member
PRACTICE AND PROCEDURE – Civil and Administrative Tribunal – Civil and Administrative Tribunal Regulation 2022 cl 9 – Extension of time to file application to set aside decision made in the absence of a party
Judgment of
D Robertson, Principal Member
J Connelly, Senior Member
LAND LAW---Strata title---Consent of owners corporation to the lodging of a development application to works affecting common property---s 232(6) Strata Schemes Management Act 2015---Mandatory considerations---Relevant considerations---Applicable principles
Judgment of
G Sarginson, Senior Member
K Ransome, Senior Member
APPEALS — Adequacy of reasons – findings on material questions of fact – reasoning process APPEALS — Application of wrong principle - “copy access” and “view access”
Judgment of
Hennessy ADCJ, Deputy President
L Andelman, Senior Member
CIVIL PROCEDURE — protective jurisdiction — appeals from Guardianship Tribunal CIVIL PROCEDURE — time — extension of time APPEALS — from finding of fact — function of Appeal Panel
Judgment of
Hennessy ADCJ, Deputy President
A Britton, Deputy President
M Bolt, general member
BULIDING AND CONSTRUCTION – appeals on a question of law – whether the Tribunal erred in law in finding that the floorboards were installed without due care and skill by proceeding as if the content of the obligation of due care and skill was determined by the content of an installation guide for the floorboards - whether Tribunal erred in finding that builder’s expert made a concession at the Tribunal hearing
Judgment of
R C Titterton OAM, Senior Member
P H Molony, Senior Member
COSTS – costs application by the respondent against non-parties – principles – appeal lodged by non-parties - withdrawal of appeal by the non-parties - no hearing on the merits – costs application dismissed
POWERS OF ATTORNEY — reviewable powers of attorney — enduring powers of attorney — whether the Tribunal misapplied s 36(4) of the Powers of Attorney Act 2003 (NSW) APPEALS — findings of fact — whether finding that there was no evidence of “any misconduct mismanagement, maladministration or conflict of interests on the part of the attorneys” constitutes a factual error “unreasonably arrived at” APPEALS — whether to grant leave to appeal under s 80(2)(b) of the Civil and Administrative Tribunal Act 2013 (NSW)
Judgment of
A Britton, Deputy President
J T Kearney, Senior Member
Dr M Spencer, General Member
ADMINISTRATIVE LAW – appeal on a question of law – Security Industry Act 1997 (NSW) – application for security industry licence – whether conviction for perjury under s 703(1) of the Criminal Code 2002 (ACT) is a conviction for an offence involving “dishonesty” WORDS AND PHRASES – “an offence involving fraud, dishonesty or stealing”
Judgment of
Seiden SC DCJ, Deputy President
J Redfern, Senior Member
REAL PROPERTY – RETAIL LEASES – exercise of option to renew and lease then terminated by lessor - alleged breaches of covenant by lessor and lessee – security deposit
COSTS-respondent’s application for 50% of its costs of appeal-appeal from decision by the Tribunal in proceedings referred to Tribunal by an adjudicator in which the Tribunal has no power to award costs- appeal also concerned with some matters falling within the original jurisdiction of the Tribunal-appeal unsuccessful on all matters except in relation to a costs order made by the Tribunal -special circumstances for making a costs order required to be established as provided for in s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)-no special circumstances shown.
ADMINISTRATIVE LAW – appeal against decision to stay of decision to cancel strata management corporate and individual licences under the Property and Stock Agents Act 2002 – whether Tribunal had regard to mandatory consideration under s 60(3) of the Administrative Decisions Review Act 1997 – effect of appointment of manager pursuant to s 126 of the Property and Stock Agents Act 2002 on assessment of public interest – role of manager. APPEAL – interlocutory appeal – leave granted due to importance of issues going to public interest and public administration.
Judgment of
Balla ADCJ, Principal Member
P H Molony, Senior Member
COSTS – costs application by the respondent – principles – withdrawal of appeal by the appellant - no hearing on the merits – costs application dismissed
APPEAL – guardianship – error of law established in part - whether the challenged finding was material to, or likely to have made a difference to, the outcome of the decision under appeal
Judgment of
Coleman SC ADCJ, Principal Member
C Mulvey, Senior Member
M Bolt, General Member
APPEALS — Appeal on question of law – Scope of question of law – statutory construction HOME BUILDING — meaning of developer — meaning of residential development — s 3A of the Home Building Act 1989 — owner claimed under statutory warrants in insurance policy
Judgment of
K Ransome, Principal Member
E Bishop SC, Senior Member
APPEAL - whether to extend time for lodgement of appeal - lengthy delay in commencing appeal - no satisfactory explanation for delay - lack of merits of appeal - absence of evidence about how golf handicap was made inactive - legal structure concerning golf handicap unclear - legal basis of claims unclear - application for extension of time to commence the appeal refused.
Judgment of
P Durack SC, Senior Member
G Ellis SC, Senior Member
APPEALS – Tribunal powers – control of proceedings – where appellant is a maximum security inmate at Goulburn Correctional Centre – where appellant seeks additional out-of-cell computer access including during lock-ins to prepare for the appeal – relevant principles - whether the order is necessary to ensure the appellant has unimpeded access to the Tribunal, as part of the basic right to a fair trial in the appeal
COSTS – home building – unsuccessful application for leave to appeal from first instance directions order – respondent made a submitting appearance reserving its position solely as to costs
Judgment of
G Blake AM SC, Principal Member
S Higgins, Senior Member
COSTS — Party/Party — Appeals – amount in dispute exceeds $30,000 - general rule that costs follow the event – costs awarded in favour of successful applicant.
LANDLORD and TENANT – RESIDENTIAL TENANCY – rental bond claim by landlord – alleged denial of procedural fairness – change of landlord communication details – validity and service of termination notice – vacant possession and return of keys – Residential Tenancies Act 2010 (NSW) ss 27, 53(1)(e), 97, 113, 223 – Interpretation Act 1987 (NSW) s 3 and Sch 4 “document”, s 76
Judgment of
G Burton SC, Senior Member
P Molony, Senior Member
LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – Reduction in rent by reason of the reduction or withdrawal by the landlord of goods, services or facilities provided with the premises – Liability of tenant for blockage to kitchen sink due to accumulation of fat and oil – No error in conclusion that landlord had not proved that the tenant was responsible.
Judgment of
K Ransome, Principal Member
D Robertson, Principal Member
Appeal – building and construction dispute – assessment of damages due following breach by builder to comply with its contractual obligations – whether the homeowners had proven loss – whether the builder had displaced the “ruling principle” by evidence that the homeowners had failed to mitigate or had acted in breach of the principles described in Bellgrove v Eldridge.
Judgment of
S Westgarth, Deputy President
D Goldstein, Senior Member
LEASES AND TENANCIES – social housing residential tenancy agreement (tenancy agreement) – termination for breach of tenancy agreement – failure to keep residential premises in a reasonable state of cleanliness – hoarding – clauses 14 and 43(1) of the tenancy agreement – whether hoarding clause is void APPEALS – adjournment of hearing – denial of procedural fairness
Judgment of
S Higgins, Senior Member
L Andelman, Senior Member
APPEAL – strata scheme – removal of screen door to lot by owners corporation – fire safety requirements – whether owners corporation entitled to remove door - conduct of hearing before Tribunal – whether denial of procedural fairness – whether reasons inadequate – constructive failure to exercise jurisdiction
Judgment of
K Ransome, Principal Member
D Ziegler, Senior Member
LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – Application for issue of warrant determined in the absence of the appellant – The outcome would not have been different if the appellant had been present – Any breach of procedural fairness was not material
Judgment of
D Robertson, Principal Member
A Boxall, Senior Member
Costs – claim determined in Commercial and Consumer Division for an amount in excess of $30,000 – application of rule 38 Civil and Administrative Tribunal Rules 2014 (NSW) and rule 38A on internal appeal – whether rules 38 and 38A inconsistent with s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – no inconsistency
Judgment of
P H Molony, Senior Member
D G Fairlie, Senior Member
COSTS – costs application by the respondent – principles – withdrawal of appeal by the appellant - no hearing on the merits – costs application dismissed
APPEAL – No error of law – no new evidence – re-agitation of the same issues GUARDIANSHIP – whether application misconceived – summary dismissal at interlocutory hearing – s 55(1)(b) of the Civil and Administrative Tribunal Act (NSW) 2013
Judgment of
Coleman SC ADCJ, Principal Member
C Mulvey, Senior Member
M Bolt, General Member
APPEAL — NCAT — decision to renew and vary initial guardianship order — decision to add access function to initial guardianship order — decision to give Public Guardian an access function GUARDIANSHIP — appointment of guardian —criteria for appointment of guardian — whether Tribunal misstated test for appointment of guardian in s 17(1)(c) of the Guardianship Act 1987 (NSW) — whether Tribunal misapplied s 17(1)(c) of the Guardianship Act — whether error made by Tribunal material PROCEDURAL FAIRNESS — apprehended bias — principles LEAVE TO APPEAL — principles governing under s 80(2)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) WORDS AND PHRASES — meaning of phrase “able to exercise the functions conferred or imposed by the proposed guardianship order” in s 17(1)(c) of the Guardianship Act 1987 (NSW)
Judgment of
A Britton, Deputy President
J Moir, Senior Member (Legal)
Dr B McPhee, Senior Member (Professional)
APPEALS — Procedural Orders prior to determination of the substantive proceedings — Interlocutory Decisions — Leave to appeal not granted — Appeals dismissed — Award of Costs
Judgment of
Balla, ADCJ, Principal Member
J Sullivan, Senior Member
LAND LAW – whether Holiday Parks (Long-term Casual Occupation) Act applies to occupancy of cabin structure on holiday park in New South Wales – whether cabin structure in whole or in part is a “moveable dwelling” as defined – whether the Tribunal has jurisdiction to determine the dispute. APPEALS – failure to ask the right question – error of law – determination of merits on appeal.
Judgment of
P Durack SC, Senior Member
G Ellis SC, Senior Member
LEASES AND TENANCIES –- damages to premises by water flow – landlords’ compensation claim – tenants’ rent reduction claim - failure to afford procedural fairness - decision not fair or equitable – decision against the weight of evidence – significant new evidence not reasonably available at time of hearing
Judgment of
S de Jersey, Principal Member
J McAteer, Senior Member
COSTS – costs application by the respondent – principles – withdrawal of appeal by the appellants - no hearing on the merits – costs application dismissed
APPEAL – Section 59 of the Civil and Administrative Tribunal Act 2013 – Powers of the Tribunal when proceedings settle – Failure to provide typed transcript or sound recording of hearing – Consequences in connection with ascertaining whether leave to appeal should be granted
Judgment of
S Westgarth, Deputy President
D Goldstein, Senior Member
APPEAL — failure to consider mandatory considerations in s 154E — did not apply correct principles in s 91 RESIDENTIAL TENANCY — termination of social housing agreement — unlawful use of premises under s 91 — requirement to be satisfied the use justifies termination under s 91
Judgment of
E Bishop SC, Senior Member
G Burton SC, Senior Member
APPEALS – whether leave to appeal should be granted in respect of an interlocutory decision to dismiss an application to adjourn a final hearing should be granted
Judgment of
R C Titterton OAM, Senior Member
P H Molony, Senior Member
APPEAL – error of law – adequacy of reasons – no legal basis disclosed for order making director of building company personally liable for breach of contract - failure to determine scope of work under residential building contract before determining damages – appeal allowed – remitted for rehearing.
APPEAL – No error on a question of law established – extension of time not warranted LEASES AND TENACIES – Revision of date for possession – avoiding need for further proceedings – – guiding principle applied – exercise of discretion
LEASES AND TENANCIES – termination of social housing tenancy agreement for breach by the tenant APPEALS – application for extension of time to appeal not opposed APPEALS – question of law raised – adequacy of reasons APPEALS – circumstances warranting remittal for redetermination
Judgment of
P Durack SC, Senior Member
J Gatland, Senior Member
COSTS –– whether there are “special circumstances” to warrant a cost order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – death of the subject person rendered appeal futile – respondent’s deliberate failure to inform appellants of the subject person’s death before the appeal hearing unnecessarily disadvantaged the appellants – respondent’s conduct constitutes special circumstances warranting an award of costs COSTS –– application for indemnity costs – principles governing exercise of discretion under s 60(4)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) to make an order for indemnify costs – respondent’s deliberate failure to inform appellants of the subject person’s death before appeal hearing constituted a “relevant delinquency” COSTS –– application for award of costs in a fixed sum – principles governing exercise of discretion to fix costs under s 60(4)(b) of the Civil and Administrative Tribunal Act 2013 (NSW)
Judgment of
A Britton, Deputy President
L Organ, Senior Member
C Kennedy, General Member
COSTS – rules 38 and 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) – whether there are special circumstances warranting an award of costs – special circumstances not established.
Judgment of
S de Jersey, Principal Member
D Ziegler, Senior Member
COSTS – Follow the event - Separable issues – No issue arising in proceedings at first instance dominant or separable so as to warrant order other than that costs should follow the event COSTS – Appeal and cross-appeal – Both appeals succeed – Overall outcome of appeals is substantial reduction in judgment sum – Impossible to identify separate costs of the appeal and the cross-appeal – Appropriate to discount costs order in favour of party with overall success on the appeal to take account of success of other party on their own appeal
Judgment of
S Westgarth, Deputy President
D Robertson, Principal Member
PROCEDURAL FAIRNESS — hearing rule — Civil and Administrative Tribunal Act 2013 (NSW), s 38(5)(c) — whether Tribunal gave appellant reasonable period of notice of hearing to determine application for guardianship order — considerations relevant to assessment of whether period of notice of hearing was reasonable PROCEDURAL FAIRNESS — hearing rule — whether by not offering an adjournment and proceeding to determine application for guardianship order in her absence the Tribunal failed to afford the appellant procedural fairness APPEALS — principles governing exercise of discretion to grant leave to appeal under s 80(2)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) — whether findings made by Tribunal were against the weight of evidence
Judgment of
A Britton, Deputy President
J Kearney, Senior Member (Legal)
F Given, General Member (Community)
APPEALS — Procedural fairness — Evidence not allowed and considered by Tribunal at hearing — Tenants’ failure to file evidence by the dates directed by the Tribunal — Alleged retaliatory eviction — s 115 of the Residential Tenancies Act 2010 (NSW) — Whether Tribunal applied a wrong principle to the onus of proof by requiring expert evidence
Judgment of
E Bishop SC, Senior Member
G Burton SC, Senior Member
HOME BUILDING - enforceability of a builder’s damages clause where the builder had terminated a contract for lack of finance by owner – no certificate of insurance issued to the owner - whether the builder’s claim is for the payment of damages under a contract for residential building work – application of s 92 and s 94 of the Home Building Act – whether work of a preparatory nature is residential building work. COSTS – Calderbank letter – exercise of discretion for indemnity costs.
Judgment of
D G Charles, Senior Member
P H Molony, Senior Member
ADMINISTRATIVE LAW –– NSW Civil and Administrative Tribunal –– administrative review under Administrative Decisions Review Act 1997 (NSW) of decision made by NSW Trustee and Guardian –– principles governing decisions made under NSW Trustee and Guardian Act 2009 (NSW) APPEALS –– whether the Tribunal failed to have regard to a “substantial, clearly articulated argument”
Judgment of
A Britton, Deputy President
A Suthers, Principal Member
APPEAL – Error as to date not impacting decision – no basis for grating leave to appeal LAND LAW – Strata title – two-year limitation period – date from which that period commences – extension of time not permitted
Judgment of
D Robertson, Principal Member
G Ellis SC, Senior Member
LICENSING — packaged liquor licence — appeal by commercial competitors — statutory task under s 48(5) of the Liquor Act — approach to risk assessment — whether balance of probabilities erroneously used — whether Tribunal failed to reach requisite satisfaction — relevance of comparing proposed licence to grant of historical licence APPEALS — Meaning of “question of law” — whether the Tribunal asked itself the wrong question when approaching the question of risk — leave to appeal PRACTICE AND PROCEDURE — stay — utility of a stay
Judgment of
Seiden SC DCJ, Deputy President
D Ziegler, Senior Member
APPEAL- application by tenant for rent reduction under s44(1)(b) of Residential Tenancies Act 2010-whether principles of mitigation operated to reduce the tenants claim-whether tenant had failed to mitigate by delay in bringing the application-procedural unfairness where mitigation was said to have been raised late-whether member demonstrated bias or whether there was the apprehension of bias
Judgment of
Seiden SC DCJ, Deputy President
S Westgarth, Deputy President
GOVERNMENT INFORMATION — access to information about intervention decisions of Information Commissioner — excluded information and invalid access application under Government Information (Public Access) Act 2009 (NSW) ADMINISTRATIVE LAW — effect of s 42 of Government Information (Information Commissioner) Act 2009 (NSW) on administrative review jurisdiction of NSW Civil and Administrative Tribunal over decisions of Information and Privacy Commission PRACTICE AND PROCEDURE — correct respondent in administrative review proceedings
Judgment of
Seiden SC DCJ, Deputy President
J Ledda, Senior Member
APPEAL – application for extension of time in which to file the appeal – significant delay – no satisfactory explanation for the delay – whether Tribunal has power to make conditional order involving a third party – appeal lacking in merit – application for extension of time refused.
Judgment of
D Ziegler, Senior Member
J Connelly, Senior Member
APPEALS – question of law – constructive failure to exercise jurisdiction – s 18 Australian Consumer Law 2010 (NSW) - failure to identify correct legal principle – ss 60 and 61 Australian Consumer Law 2010 (NSW) - whether established – leave to appeal – whether grounds established CONSUMER LAW – dispute about whether mechanic duly licensed – dispute about quality of work – consumer guarantees under ss 60 and 61 of the Australian Consumer Law 2010 (NSW) – no error established
Judgment of
G Sarginson, Deputy President
D Fairlie, Senior Member
ADMINISTRATIVE LAW – NSW Civil and Administrative Tribunal – Procedural fairness – Hearing in absence of appellant – Appellant’s agent notified of hearing – Appellant claimed notice not passed on – Notice to agent was effective notice – No denial of procedural fairness
Judgment of
D Robertson, Principal Member
A Boxall, Senior Member
BUILDING AND CONSTRUCTION — proceedings transferred under Home Building Act 1989 (NSW) to NSW Civil and Administrative Tribunal from Local Court APPEALS — whether appeal involves questions of law or other questions — whether decisions under appeal against weight of evidence or not just and equitable — impact of failure to lodge appeal materials as directed — use of reply to appeal to raise appeal ground
APPEAL – Failure to provide a transcript or a typed copy of oral reasons – Leave to appeal on the basis that the decision was against the weight of evidence – Leave to appeal on the basis that significant new evidence has arisen that was not reasonably available at the time the proceedings were being dealt with
Judgment of
D Goldstein, Senior Member
D Fairlie, Senior Member
APPEALS - Procedure – leave to appeal and extension of time for commencing appeal required - appeal from interlocutory decision after final decision – appeal from refusal of summary dismissal application by respondent to claim on basis that a release of claims in a Deed of Settlement released the claim – inconvenience and litigation prolonged by not appealing the interlocutory decision until after trial and final judgment – proper construction of terms of release - no substantial prospects of success to appeal from interlocutory order – required extension of time and leave to appeal refused. CONSUMER LAW - Enforcement and remedies - construction of deed of settlement – whether s 64 of the Australian Consumer Law applied
Judgment of
P Durack SC, Senior Member
G Ellis SC, Senior Member
APPEAL – no requirement for particular form of notice by tenant of need for repairs – misapplication of law relating to compensation under the Residential Tenancies Act – appeal allowed
Judgment of
K Ransome, Principal Member
D Charles, Senior Member
GUARDIANSHIP – obligation under s 4(d) of the Guardianship Act 1987 (NSW) to have regard to the views of person with disability – whether Tribunal failed to comply with that obligation PROCEDURAL FAIRNESS – whether Tribunal failed as required by 38(5)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) to ensure that the appellant had a reasonable opportunity to be heard PROCEDURAL FAIRNESS – bias – actual basis – whether Tribunal prejudged appellant’s suitability to act as guardian LEAVE TO APPEAL – principles – whether circumstances warrant exercise of discretion to grant leave to appeal
Judgment of
Seiden SC DCJ, Deputy President
A Britton, Deputy President
B McPhee, Senior Member (Professional)
APPEALS – Error on a question of law – scope of discretion conferred by statute misconceived LAND LAW – Strata title – discretionary factors – impact on common property considered – discretion not confined to that impact CIVIL PROCEDURE – Inclusion of basis for claim in outline submissions insufficient – leave to amend should be sought prior to or at outset of hearing
Judgment of
A Bell SC, Senior Member
G Ellis SC, Senior Member
APPEALS — Appeal on question of law – Scope of question of law APPEALS — Constructive failure to exercise jurisdiction by not addressing a material issue or by overlooking material evidence APPEALS — Leave to appeal — Principles governing – leave to appeal granted APPEALS — Procedural fairness — Failure to give reasons — Adequacy of reasons BUILDING AND CONSTRUCTION – Residential building work – Statutory warranties under Home Building Act 1989 (NSW) – Claims by owner against builder
Judgment of
G Blake AM SC, Principal Member
E Bishop SC, Senior Member
APPEALS – Ex parte application for stay – principles - hardship – short stay granted LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Recovery of possession of premises
APPEAL - leave to appeal – interlocutory decision –application for stay refused – leave to file “fresh” evidence on appeal – administrative review of decision to revoke approval to operate childcare centres.
Judgment of
Hennessy ADCJ, Deputy President
L Andelman, Senior Member
LEASES AND TENANCIES — application for extension of time in which to appeal — application for leave to appeal — appeal from decision to set aside orders and for extension of time — leave to appeal from interlocutory decision
Judgment of
E Bishop SC, Senior Member
S de Jersey, Senior Member
APPEAL – Errors on questions of law – no evidence to support finding -– wrong principle of law – failure to give reasons – denial of procedural fairness
APPEALS — Interlocutory decision - Leave to appeal — Refusal of adjournment – leave to appeal refused. APPEALS — Point of law taken below – whether new point of law should be allowed on appeal new point of law not allowed. BUILDING AND CONSTRUCTION – Occupation Certificate – whether document purporting to be an interim occupation certificate authorised use and occupation of the whole of the building – whether running of limitation period for breach of a statutory warranty under the Home Building Act contingent on such authorisation – whether occupation certificate issued in contravention of s 109H(2) of the Environmental Planning and Assessment Act 1970 (NSW) is an occupation certificate for the purposes of s 4C of the Home Building Act 1989 (NSW) LAND LAW – Strata Titles - Action begun by Chairperson acting for owners corporation without special resolution authorising proceedings — Ratification by the owners corporation — Expiration of limitation period applicable to cause of action — Whether owners corporation entitled to adopt action after expiry of limitation period.
Judgment of
R C Titterton OAM, Senior Member
P H Molony, Senior Member
APPEALS – No recording or transcript of the hearing or the oral reasons available – failure to comply with direction despite extension of time – no error on a question of law or basis for granting leave to appeal established
Judgment of
A Bell SC, Senior Member
G Ellis SC, Senior Member
GOVERNMENT INFORMATION — access to government information — considering conditions on access under s 73(2) of the GIPA Act — creation of a new record — “000” call and “personal information” ADMINISTRATIVE LAW — whether the Tribunal erred in failing to consider ss 73(2) and 74 of the GIPA Act — Whether failing to address a party’s adjournment application and proceeding in their absence is a material breach of procedural fairness — standing in the shoes of the administrator under s 63(2) of the ADR Act — remittal to Tribunal STATUTORY INTERPRETATION — meaning of s 75 of GIPA Act — conflict of provisions — generalia specialibus non derogant — whether s 75(2) or s 72 is dominant
Judgment of
Seiden SC DCJ, Deputy President
D Robertson, Senior Member
COSTS – Appellant ordered to pay respondent’s costs – whether error on question of law – failure to take into account appellant’s submissions on costs.
CONSUMER LAW – consumer guarantees – supply of services – action against supplier - enforcement and remedies — action for damages — assessment of damages
Judgment of
G Ellis SC, Senior Member
P H Molony, Senior Member
APPEALS – Extension of time granted – appellant a successful applicant – complaint about conduct in response to orders – no error on a question of law – no substantial miscarriage of justice
BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Statutory warranty under s 18B — time limit of statutory warranty under s 48K(7) — “major defect” for purposes of s 18E(1)(b) APPEALS — internal appeal under s 80 of the Civil and Administrative Tribunal Act 2013 as of right “on any question of law” — relevant principles regarding leave to appeal — whether a late redraft of the grounds of appeal requires an extension of time — whether to grant leave to extend time — the importance of articulating a question of law with precision
Judgment of
Seiden SC DCJ, Deputy President
A Suthers, Principal Member
APPEAL - administrative review - statutory construction – s 25 of the Home Building Act 1989 (NSW) - requirement to find the applicant to be a fit and proper person - adverse inferences where applicant did not give evidence - whether inferences sought were conjectures - whether finding that applicant was fit and proper was legally reasonable.
Judgment of
S Westgarth, Deputy President
J Ledda, Senior Member
LEASES AND TENANCIES — retail lease — claim for damages for losses because of reduction of power supply during lease — expert evidence — application of NCAT Procedural Direction 3 to expert evidence in proceedings under Retail Leases Act 1994 (NSW) APPEALS — leave to appeal because decision at first instance not fair and equitable or against the weight of evidence — remittal of proceedings
LEASES AND TENANCIES-social housing-termination for breach-cleanliness of property-Tribunal hearing conducted ex parte-documentary evidence of landlord not served-whether denial of procedural fairness-warrant for possession executed before appeal filed-whether appeal rendered nugatory
Judgment of
G Sarginson, Deputy President
P H Molony, Senior Member
LAND LAW – Community Land Development Act 1989 (NSW) – Community Land Development Act 1989 (NSW) – creation of by-laws for restricted use – interpretation of by-laws – effectiveness of grant of by-law made by strata scheme on subdivision of strata lot – whether particular common property the subject of the grant. PRACTICE AND PROCEDURE – referral of adjudication proceedings commenced under the Community Land Management Act 1989 (NSW) to the Tribunal – permissibility of including in those referred proceedings applications for relief which only the Tribunal can hear COSTS – whether Tribunal, on the referral by an adjudicator of proceedings under the Community Land Management Act 1989 (NSW) may award costs – whether the Tribunal in determining application which includes relief within the original general jurisdiction of the Tribunal may award costs in respect of those matters only
LANDLORD AND TENANT – COVID 19 pandemic – restrictions on terminating lease – meaning of “impacted tenant” – whether relevant projection was made to qualify for JobKeeper LANDLORD AND TENANT – Retail Leases Act 1994 – unconscionable conduct – person acting on mistaken view of law – what constitutes unconscionable conduct DAMAGES – need for Tribunal to assess damages where no admission or concession made
Judgment of
M Harrowell, Deputy President
D Goldstein, Senior Member
CONTRACT LAW – mutual cancellation of contract – recovery of reasonable charges to date of cancellation – meaning of the expression “reasonable charges” – requirements for evidence to establish reasonable charges – relevance of other provisions in contract – sufficiency of evidence
Judgment of
M Harrowell, Deputy President
R Perrignon, Senior Member
DOCTRINE OF PRECEDENT — application to NCAT — whether “last resort principle” forms part of the ratio decidendi in Holt v Protective Commissioner (1993) 31 NSWLR 227 and Mv M [2013] NSWSC 1495 — whether “last resort principle” constituted “seriously considered” dicta in Holt v Protective Commissioner and M v M STATUTORY INTERPRETATION — whether s 25M of the Guardianship Act 1987 (NSW) creates a presumption that where available a “suitable person” must be appointed to manage the estate of a protected person over the NSW Trustee and Guardian APPEALS –– appeal from summary dismissal of decision made under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) –– “lacking in substance” –– whether Tribunal applied the correct test ADMINISTRATIVE LAW — legal unreasonableness — whether decision to commit the management of the protected person’s estate to the NSW Trustee and Guardian was “manifestly unreasonable”, lacked an evident and intelligible justification REASONS FOR DECISION — whether reasons for decision were adequate
Judgment of
Armstrong J, President
A Britton, Deputy President
J V Le Breton, General Member
APPEALS – No error on a question of law – no basis for granting leave to appeal – application of established principles EVIDENCE – Expert evidence – requirements considered – weight to be given to such evidence
Judgment of
S Westgarth, Deputy President
G Ellis SC, Senior Member
APPEALS – Reference to statutory provision at initial hearing – decision based on different statutory provision – no opportunity to meet that case – denial of procedural fairness EVIDENCE – Expert evidence – requirements considered – weight to be given to such evidence EVIDENCE – Burden of proof – observations on difference between legal burden and evidential burden
Judgment of
G Ellis SC, Senior Member
P H Molony, Senior Member
LAND LAW — strata title — common property — maintenance and repair of common property – action for damages by lot owner – proceedings commenced more than two years after the owner became aware of loss – whethertime can be extended under s 41 of the Civil and Administrative Tribunal Act – statutory interpretation APPEAL – Strata Schemes Management Act 2015 – leave to appeal – leave refused
Judgment of
A. Bell SC, Senior Member
L. Wilson, Senior Member
APPEALS —statutory warranties under Home Building Act 1989 (NSW) - definition of “major defect” and “major element” – lack of jurisdiction - error on a question of law
Judgment of
A Suthers, Principal Member
S de Jersey, Senior Member
APPEALS — internal appeal from Guardianship Division — financial management order made — s 25M of the Guardianship Act — where management of estate committed to NSW Trustee and Guardian — whether statutory requirement to exhaust possibility there was no private person suitable to manage estate — whether Tribunal misconstrued statute or asked itself wrong question by failing to be satisfied there was no private person suitable — procedural fairness — whether family member was suitable to be financial manager
Judgment of
Seiden SC DCJ, Deputy President
A Britton, Deputy President
Dr B McPhee, Senior Member
APPEALS — question of law - administrative review — Government Information — denial of procedural fairness — actual and apprehended bias — jurisdiction — residents of different states — transfer of proceedings to the Supreme Court — confidentiality orders — adequacy of reasons — refusal to issue summons
APPEAL – leave to appeal – refused LAND LAW – Strata Title – owners carrying out unauthorised works on common property – action to compel removal of works and restoration of common property.
Judgment of
S Thode, Principal Member
P H Molony, Senior Member
ADMINISTRATIVE LAW — appeal against administrative review decision under s 55 of the Privacy and Personal Information Protection Act 1998 (NSW) — whether s 16 operates as precondition to providing access under s 14 — jurisdiction of Tribunal at first instance — recusal application — application to correct order in relation to costs of interlocutory application
Judgment of
Seiden SC DCJ, Deputy President
J Ledda, Senior Member
Appeals – Appeal Panel’s power to reconsider original costs decision - following reduction in damages awarded on appeal bringing Calderbank offer into play. Costs – Multiple proceedings – Multiple offers of compromise – Ordinary basis – Indemnity basis
APPEALS – Finding of breach of duty to maintain and repair common property - exercise of discretion - no error of law- no basis for granting leave to appeal
Judgment of
S Westgarth, Deputy President
G Ellis SC, Senior Member
EVIDENCE – whether no evidence to support impugned findings STATUTORY CONSTRUCTION – whether Tribunal misconstrued ss 15(3) and 17 of the Guardianship Act 1987 (NSW) APPEAL – leave to appeal – whether impugned findings were “against the weight of evidence”
Judgment of
A Britton, Deputy President
J T Kearney, Senior Member
F N Given, General Member
ADMINISTRATIVE LAW – jurisdiction of the Tribunal under Part 6A of the Fair Trading Act 1987 (NSW) – whether the respondent is a supplier – meaning of the expression “carry on (or purporting to carry on) a business” – findings concerning whether a pony was owned by an agricultural partnership or by an individual – whether the Tribunal has jurisdiction to determine the sale of a pony – jurisdiction of the Tribunal concerning a contract not entered into in the course of carrying on a business – leave to appeal refused
Judgment of
M Harrowell, Deputy President
S de Jersey, Senior Member
PRACTICE AND PROCEDURE – Tribunal Member acting as a conciliator and as the Member constituted to hear the dispute – obligations of Tribunal when performing dual role – power to set aside consent orders – duty of Tribunal to ensure parties understand nature of proceedings - incorrect and incomplete statements as to the law during conciliation – reliance by party consenting to orders on incorrect or incomplete statements made by Tribunal
Judgment of
M Harrowell, Deputy President
D Goldstein, Senior Member
ADMINISTRATIVE LAW — whether the application for summary dismissal on jurisdictional grounds is an ancillary decision or interlocutory decision –– the Tribunal’s administrative review jurisdiction to review conduct — public sector agency’s disclosure of “personal information” - “personal information” under the Privacy and Personal Information Protection Act 1998 (NSW) — s 4(3)(h) complaint information under Part 8A of the Police Act 1990 excluded from “personal information”
Judgment of
Seiden SC DCJ, Deputy President
D G Fairlie Senior Member
COSTS – r 38 of the Civil and Administrative Tribunal rules 2014 (NSW) – r 38A application of rules to appeals – usual order for costs – circumstances warranting departure from the usual order not established
Judgment of
M Harrowell, Deputy President
G Sarginson, Senior Member
APPEALS – questions of law – meaning of s 16(4) of the Child Protection (Offenders Registration) Act 2000 (NSW) – how the question of whether a party poses “no risk to the safety of children” is to be assessed – nature of the Tribunal’s task in considering application under s 16(3A) of the Child Protection (Offenders Registration) Act 2000 (NSW)
Judgment of
Armstrong J, President
A Suthers, Principal Member
DIVIDING FENCES – sufficient dividing fence – relevant considerations – fence not on boundary line – no evidence of impact on user where fence in existence for 10 years – need for repairs
Judgment of
M Harrowell, Deputy President
J McAteer, Senior Member
GUARDIANSHIP – review of guardianship order under s 25(2) Guardianship Act 1987 (NSW) –whether Tribunal failed to conduct review afresh PROCEDURAL FAIRNESS – whether Tribunal failed as required by 38(5)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) to ensure that the appellant had a reasonable opportunity to be heard PROCEDURAL FAIRNESS – whether Tribunal failed as required by 38(5)(a) of the NCAT Act to take such measures as are reasonably practicable to ensure that the appellant understood the nature of the review proceedings EVIDENCE – whether Tribunal erred by taking account evidence given/ submission made by a person alleged to have an interest in the outcome of proceedings EXPERT EVIDENCE – whether report prepared by expert was inadmissible because the expert declined to express an opinion about a key issue in dispute
Judgment of
A Britton, Deputy President
A Boxall, Senior Member (Legal)
L Stewart, General Member
COSTS - self represented appellant seeks costs of the appeal limited to the lodgement fee, costs of an expert and other expenses - expert report not tendered at first instance and not relevant to determination of the appeal - whether the respondent should have an order in its favour for its costs in resisting the appellants application.
Judgment of
S Westgarth, Deputy President
G Blake AM SC, Senior Member
APPEALS – jurisdiction of NSW Civil and Administrative Tribunal (NCAT) to determine matter in exercise of judicial power where the Australian Postal Corporation (trading as Australia Post) is a party – authority to decide whether Australian Postal Corporation is “the Commonwealth” for the purposes of s 75(iii) of the Constitution – whether mere raising of that contention on a genuine basis deprives NCAT of jurisdiction – jurisdiction of NCAT’s Appeal Panel to make orders affecting decision at first instance in absence of ability to adjudicate on matters in federal jurisdiction CONSTITUTIONAL LAW – Chapter III – “matter” – justiciable controversy –– question of fact – where one party is the Commonwealth and where common ground that NCAT not a "court of a State" – where NCAT exercising State judicial power in hearing and determining consumer claim DOCTRINE OF PRECEDENT – NCAT Appeal Panel determination on question of law not binding on differently constituted NCAT Appeal Panel – consistency in NCAT decision-making as statutory objective
APPEALS - Leave to appeal - Principles governing - Leave to appeal refused APPEALS – Scope of question of law - Appeal dismissed TAXES AND DUTIES - Land tax – Construction and application of cl 6(2)(c) of Sch 1A to the Land Tax Management Act 1956 (NSW) – Requirement that “intended use and occupation” of land be lawful as part of claim for principal place of residence exemption
Judgment of
A Suthers, Principal Member
G Blake AM SC, Senior Member
APPEALS — Procedural fairness — Applicable principles - Whether failure to afford procedural fairness by Tribunal member not informing unrepresented party of right to cross-examine witness and to apply for an adjournment — Appeal dismissed BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) - Building dispute – Incomplete work and delay in completion – Money order made
Judgment of
G Blake AM SC, Senior Member
S Higgins, Senior Member
APPEAL – landlord and tenant – whether termination notice retaliatory – whether denial of procedural fairness – whether relevant considerations not taken into account
Judgment of
K Ransome, Principal Member
D Robertson, Senior Member
APPEALS---words and phrases---uncollected goods---Uncollected Goods Act 1995 (NSW)---home in a community under the Residential (Land Lease) Communities Act 2013 (NSW)---whether home is uncollected goods
Judgment of
G Sarginson, Senior Member
J McAteer, Senior Member
LEASES and TENANCIES-whether a residential tenancy agreement as defined in s 13 of the Residential Tenancies Act 2010 (NSW) was entered into between the parties-claim for compensation for wrongful eviction-arrangement made between mother and son-whether legally unenforceable family arrangement APPEALS-alleged apprehended bias-whether failure by the Tribunal to apply the right test and ask itself the right questions-whether Tribunal took into account irrelevant considerations and failed to take into account relevant considerations
Judgment of
P Durack SC, Senior Member
P H Molony, Senior Member
APPEALS — appeal on question of law and mixed question of fact and law — no error of law — leave to appeal — no utility in granting leave — leave to appeal refused. TAXES and DUTIES — concessional rate of duty — whether a declaration of trust is a “transfer of dutiable property” for purposes of s 55 of the Duties Act — whether s 55 applies only to resulting trusts — whether one supplying purchase monies indirectly via trust is the real purchaser of a resulting trust
Judgment of
Seiden SC DCJ, Deputy President
P H Molony, Senior Member
APPEALS - Constructive failure to exercise jurisdiction - Appeal allowed APPEALS - Leave to appeal - Principles governing - Leave to appeal refused LAND LAW - Strata title – Whether a quarantine order should be made - Quarantine order made
Judgment of
G Blake AM SC, Senior Member
A Boxall, Senior Member
COSTS – special circumstances – party not entitled to recover costs in respect of own time spent – offer of compromise – refusal to accept not unreasonable
Judgment of
M Harrowell, Deputy President
P H Molony, Senior Member
COSTS – Costs of Appeal and Tribunal proceedings - Proportionate costs where mixed success on different issues – Calderbank offer – Whether genuine offer of compromise – Whether unreasonable to refuse Calderbank offer
Judgment of
K Rosser, Principal Member
D Charles, Senior Member
APPEALS - Constructive failure to exercise jurisdiction - No material error of law - Appeal dismissed APPEALS - Leave to appeal - Principles governing - Leave to appeal refused APPEALS - Procedural fairness - Failure of the builder to strictly comply with procedural orders - Appeal dismissed BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) - Building dispute - Where breach of statutory warranties by the builder not established
Judgment of
M Harrowell, Deputy President
G Blake AM SC, Senior Member
APPEALS – dispute concerning a retail lease regulated by the Retail Leases Act 1994 (NSW) – whether the Tribunal had jurisdiction to determine the claim of the Appellant – scope of remedies under the Retail & Other Commercial Leases (COVID-19) Regulation 2020 and National Code of Conduct.
Judgment of
S Westgarth, Deputy President
D Ziegler, Senior Member
CONSUMER LAW — APPEALS — Consumer Law — no error on a question of law established — whether extension of time should be granted - whether the appellant has suffered a substantial miscarriage of justice
Judgment of
S Thode, Principal Member
G Burton SC, Senior Member
COSTS---Rule 38A Civil and Administrative Tribunal Rules 2014--- where party given leave to be legally represented on the condition that it may not recover legal costs--- special circumstances LOCAL GOVERNMENT – Councillors
Judgment of
T Simon, Principal Member
Dr R Dubler SC, Senior Member
APPEAL – Errors on questions of law – no evidence to support finding - failure to consider a party’s submissions – not applying legal principle. STRATA - Duty to maintain and repair common property – liability of owners corporation for damage for breach of duty. LIMITATION OF ACTION – whether s 106(6) Strata Schemes Management Act 2015 (NSW) applies where applicant seeks a work order.
APPEALS — BUILDING AND CONSTRUCTION---Home Building Act 1989 (NSW)--- s 48K ---Jurisdiction of Tribunal to hear and determine a claim as made – if claim as made over jurisdictional limit of the Tribunal
Judgment of
A Balla ADCJ, Principal Member
S Thode, Principal Member
PRATICE AND PROCEDURE – failure to comply with directions – relevance of Tribunal complaint process to determination of appeal – obligation on a party to comply with directions – dismissal for want of prosecution, abuse of process and failure to comply with directions.
APPEALS — dividing fence — conduct of hearing — procedural unfairness established — realistic possibility of a different outcome — appeal allowed PROCEDURAL FAIRNESS — content of obligation to afford parties procedural fairness — failure of Tribunal to give parties a reasonable opportunity to be heard or otherwise have their submissions considered in the proceedings as required by Civil and Administrative Tribunal Act 2013 (NSW), s 38(5)(c)
LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — application for compensation and for order that rent excessive. APPEALS — whether Tribunal erred in the exercise of its discretion — whether Tribunal asked itself the wrong question or identified the wrong issue — whether Tribunal applied the wrong test — whether Tribunal failed to exercise jurisdiction — whether decision against the weight of evidence — decision of Tribunal substituted with decision of Appeal Panel.
Judgment of
S Westgarth, Deputy President
D Ziegler, Senior Member
APPEALS — Consumer Law — no error on a question of law established — whether leave to appeal should be granted — whether the appellant has suffered a substantial miscarriage of justice
Judgment of
S Thode, Principal Member
D Robertson, Senior Member
APPEALS – questions of law – leave to appeal – failure to engage with clearly articulated case – constructive failure to exercise jurisdiction – wrong legal principle applied CONSUMER LAW - Australian Consumer Law (NSW) - fitness for purpose - modification of vehicle -whether failure a major failure - rejection of goods -remedies - principles applicable
ADMINISTRATIVE LAW – Particular administrative bodies – NSW Civil and Administrative Tribunal – Dismissal of proceedings - Civil and Administrative Tribunal Act 2013 (NCAT Act) ss 55 and 59 – Where appellant filed “Notice of Discontinuance” of his application – Where Tribunal dismissed the application pursuant to s 55(1)(a) of the NCAT Act – No error in Tribunal treating “Notice of Discontinuance” as the withdrawal of the application – No jurisdiction to dismiss proceedings pursuant to s 59 of the NCAT Act in the absence of an agreement to settle the proceedings
CONSUMER LAW – ss 54 and 55 of the Australian Consumer Law of New South Wales – goods of acceptable quality – fitness for purpose – requirements to establish a claim – durability – relevant evidence – no error in Tribunal’s reasoning
Judgment of
M Harrowell, Deputy President
D Goldstein, Senior Member
LEASES AND TENANCIES-termination of social housing tenancy agreement for breach by the tenant-s 87 of the Residential Tenancy Act 2010 (NSW)-breach of tenant’s obligation to keep residential premises in a reasonable state of cleanliness -hoarding-failure to comply with orders to cleanup inside the residential premises and also areas outside the premises-whether breach, in the circumstances of the case, sufficient to justify termination-s 154E mandatory considerations-appeal from termination and possession ordered by Tribunal. APPEALS-questions of law-procedural fairness-decision made in contested matter after short hearing in group list-no previous directions for provision of evidence and submissions before hearing-additional documentary evidence relied upon by the landlord shown to tenant at, or shortly before, the hearing only-no reasonable opportunity to be heard on defence to the claim for termination-whether consideration of mandatory matters formulaic only-whether adequate reasons given for decision-materiality of errors.
Judgment of
P Durack SC, Senior Member
S de Jersey, Senior Member
APPEALS – Internal Appeal – jurisdiction – general jurisdiction – no jurisdiction to hear an internal appeal against a correction order made under s 50 of the Consumer Trader and Tenancy Tribunal Act 2009 (NSW) (Repealed) – no jurisdiction to hear an internal appeal against a decision made in the Consumer Trader and Tenancy Tribunal in 2012 – consideration of transitional provisions in Cl 9 and 10 of Sch 1 of the Civil and Administrative Tribunal Act 2013 (NSW) PRACTICE and PROCEDURE – extension of time – refused where no jurisdiction to hear internal appeals
Judgment of
G Sarginson, Senior Member
P H Molony, Senior Member