Recent decisions for Civil and Administrative Tribunal (Appeal Panel)

Catchwords:

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.

Catchwords:

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

Catchwords:

LEASES AND TENANCIES — Tenant’s liability for electricity usage charges — Tenant’s liability for repairs at end of tenancy

Catchwords:

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.

Catchwords:

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)

Catchwords:

APPEALS — summary dismissal — questions of law available where no evidence led by Appellant at first instance

Catchwords:

APPEALS---Building and construction---Home Building Act 1989 (NSW)---Equitable set off---When available

Catchwords:

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.

Catchwords:

APPEALS — Constructive failure to exercise jurisdiction — Appeal dismissed APPEALS — Leave to appeal — Principles governing — Leave to appeal refused APPEALS — Procedural fairness — Evidence does not establish Tribunal member fell asleep during hearing — Appeal dismissed CIVIL PROCEDURE — Non-publication order — Application dismissed

Catchwords:

LEASES AND TENANCIES –

Catchwords:

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

Catchwords:

LEASES AND TENANCIES — Breach of tenancy agreement — No evidence — Assessment of damages

Catchwords:

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

Catchwords:

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

Catchwords:

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

Catchwords:

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.

Catchwords:

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

Catchwords:

APPEAL – Strata Schemes Management Act 2015 – s 106(5) claim for damages – claim brought outside period of two years provided for by s 106(6) – whether time can be extended under s 41 of the Civil and Administrative Tribunal Act – statutory interpretation – whether the Appeal Panel should follow an earlier decision of an Appeal Panel – doctrines of stare decisis and comity.

Catchwords:

APPEALS – Particular Bodies – NCAT – power to correct decisions under s 63 of the Civil and Administrative Tribunal Act 2013 – whether own motion decision to amend previous order by increasing amount claimed is the correction of an obvious error. APPEALS – leave to appeal – whether decision under s 63 of the decision Civil and Administrative Tribunal Act 2013 is an ancillary or interlocutory decision – whether leave to appeal required - leave to appeal granted. BUILDING AND CONSTRUCTION –uninsured building work – builder given leave to recover on a quantum meruit for identified work – s 94 Home Building Act 1989 – whether part-payments made by homeowner to be taken into account and credited to homeowner when calculating amount owning on quantum meruit – whether part-payment for work can be set-off against amount claimed for work on quantum meruit - equitable set-off - onus on builder to prove work done.

Catchwords:

LANDLORD AND TENANT – application for termination for non-payment of rent – tenant failing to pay the amount of the rent increase – whether the notice of rent increase was valid – whether the Tribunal was in error in failing to deal with an excessive rent claim under s 44(1)(a) and (b) of the Residential Tenancies Act 2010 (NSW) – whether the premises were uninhabitable – whether the termination notice for non-payment of rent was retaliatory PRACTICE AND PROCEDURE – whether time should be extended to lodge the notice of appeal – whether leave to appeal should be granted in circumstances where Tribunal may have failed to exercise jurisdiction– whether the Tribunal failed to exercise jurisdiction – requirements to prove such a failure

Catchwords:

APPEAL — Questions of law — Extension of time to appeal — Leave to appeal — "ancillary" and "interlocutory" decisions under s 4(1) of the NCAT Act — Dismissal of proceedings under s 55(1)(c) of the NCAT Act — Reinstatement of proceedings under s 55(2) of the NCAT Act — Failure to determine request for adjournment — Whether there was a breach of procedural fairness in determining the proceedings in the absence of the appellant — Adequacy of reasons under s 62 of the NCAT Act — Public interest considerations in favour of and against disclosure under sections 12 and 14 of the GIPA Act —Conditions on form of access under s 73(2) of the GIPA Act

Catchwords:

PROPERTY LAW-strata titles dispute-noise issue arising from installation of new flooring in a strata scheme unit-whether owner of the unit was in breach of relevant by-laws-expert evidence as to noise measurements and applicable noise rating-Tribunal found breach of relevant by-law in existence when new flooring installed and breach of amended by-law after the new flooring had been installed. APPEALS-whether appeal lodged out of time-whether time for lodging the appeal ran from the first decision making substantive orders-appeal lodged after lengthy delay from the first decision-the appeal lodged after the appellant obtained new expert evidence about the noise issue-merits of appeal considered on application to extend time-no substantial prospects of success on merits-application for extension of time refused.

Catchwords:

APPEALS — Appeal on question of law – Scope of question of law – No material error of law – Appeal dismissed APPEALS — Leave to appeal — Principles governing – Leave to appeal refused BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Building dispute – Where the builder breached statutory warranties – Work order made against the builder

Catchwords:

APPEALS – decision against the weight of evidence. CONSUMER LAW – Consumer guarantees – guarantee as to acceptable quality.

Catchwords:

COSTS – application of s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – no question of principle

Catchwords:

APPEAL – strata scheme – reallocation of unit entitlement – exercise of discretion to reallocate – relevant factors for consideration – duties of Tribunal towards unrepresented party – whether denial of procedural fairness - whether discretion miscarried

Catchwords:

APPEALS – time extended to file notice of appeal – procedural unfairness established – realistic possibility of a different outcome – appeal allowed GUARDIANSHIP – review of guardianship order – variation of guardianship order PROCEDURAL FAIRNESS – some of party’s written material not before the Tribunal due to administrative error - procedural unfairness resulting from administrative error

Catchwords:

REAL PROPERTY – STRATA MANAGEMENT – strict duty of owners corporation to maintain and repair common property – lost rent claim arising from alleged breach of duty – limitation period in Strata Management Act 2015 (NSW) s 106(5) with (6) – nature of loss - extension of time under Civil and Administrative Tribunal Act 2013 (NSW) s 41

Catchwords:

LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) - termination - where termination notice did not specify a termination date not earlier than 14 days after the day on which the notice was given - where consent orders made under s 87 of the Residential Tenancies Act - where consent orders not made in accordance with parties’ agreement - whether a failure to provide 14 days’ notice of termination can be cured under s 113 of the Residential Tenancies Act - whether landlord has recovered possession of the premises

Catchwords:

DAMAGES – assessment under s 106(5) of the Strata Schemes Management Act 2015 (NSW) – loss of opportunity – required proof ADMINISTRATIVE LAW – challenge on basis of unreasonableness – when available

Catchwords:

APPEAL – consumer law duties – applied wrong principle of law – failure to obtain expert evidence – onus of proof

Catchwords:

CONSUMER LAW - contract for holiday accommodation - contract with trustee company-variation of terms - agreed termination - whether price paid refundable - no basis for claim against director and shareholder of trustee company. APPEALS - new evidence - appellant not able to rely upon document with alleged applicable terms of contract not provided to the Tribunal at first instance - whether Tribunal misconstrued the contractual terms - no appealable error shown.

Catchwords:

APPEALS- BUILDING AND CONSTRUCTION – statutory warranties expired – s18E(1)(e) not enlivened – owners corporation became aware of the defects in 2014 – proceedings commenced on 29 November 2020 - limitation period expired - whether jurisdiction to hear and determine the issues between the parties – mixed question of fact and law - whether the decision of the Tribunal was against the weight of the evidence - whether leave to appeal should be granted – whether the appellant has suffered a substantial miscarriage of justice

Catchwords:

LANDLORD and TENANT - RESIDENTIAL TENANCY – no grounds termination – alleged retaliatory eviction – lack of utility with tenants’ vacation – water usage charges alleged breach - Residential Tenancies Act 2010 (NSW) ss 33, 85, 115

Catchwords:

CONTRACT LAW – collateral contract – meaning of manufacturer’s warranty – meaning of defect – whether defect includes a defect in relation to goods being of acceptable quality under the Australian Consumer Law – onus of proof to enforce the warranty CONSUMER LAW – Australian Consumer Law – liability of manufacturer under s 54 – Guarantee as to acceptable quality – s 59 – manufacturers liability – powers of the Tribunal to order a manufacturer to repair or replace goods.

Catchwords:

Appeal - Leases and Tenancies - residential tenancy agreement - compensation for tenants’ breach

Catchwords:

HOME BUILDING APPLICATION – building claim – appeal against decision of insurer under building cover contract – whether policy provision excludes cover – successor in title – whether successor in title has an interest in the work – non-completion of work by builder

Catchwords:

LEASES and TENANCIES-residential tenancy-landlord’s breach of repair obligations-approach to the question of the quantum of compensation-notional rent reduction for discomfort and inconvenience concerning safety issue with backyard and pool-global amount for such loss in relation to other repair items. APPEALS-alleged bias-alleged procedural unfairness due to absence of documentary material from the appellant-no procedural unfairness because appellant had reasonable opportunity to present documentary evidence-adequacy of reasons concerning quantum of compensation-basis for sum awarded not explained-reassessment of quantum of compensation by the Appeal Panel.

Catchwords:

LOCAL GOVERNMENT – Councillors – jurisdiction – administrative review – costs

Catchwords:

APPEALS — errors other than questions of law — no question of principle

Catchwords:

HOME BUILDING – successor in title engaged contractor to complete residential building work of another builder – no liability for contractor where no inference drawn on available evidence that contractor had installed defective windows – no breach of statutory warranty where consequential loss arising from water penetration not caused by contractor’s work – contingency provision allowable in building defects claim. APPEAL –Error on a question of law in relation to some findings of defective work – inadequacy of reasons – substituted findings of Appeal Panel.

Catchwords:

ADMINISTRATIVE LAW — whether evidence, other than the documents themselves, is required to establish legal professional privilege under the Government Information (Public Access) Act 2009 (NSW) — alleged inadequacy of reasons as a question of law

Catchwords:

COSTS – s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – whether “special circumstances” warrant an award of costs

Catchwords:

APPEAL - expert witness not available for cross examination despite a direction requiring attendance for cross examination - influence of that witness’ reports in considering what weight to be given to the opposing expert witness’ report - denial of procedural fairness - order for remittal - whether order for payment of money should be set aside - no question of law and no basis to grant leave to appeal

Catchwords:

APPEAL — question of law — where owners corporation was dysfunctional — where the Tribunal appointed compulsory strata manager — whether the appellant was denied procedural fairness — whether there was bias — whether Tribunal excluded evidence which was admissible — no error of law — no issue of principle

Catchwords:

COSTS - Whether Civil Procedure Act 2005 (NSW) applies - whether bill of costs in taxable form required - r 38A and r 38 of the Civil and Administrative Tribunal Rules 2014 (NSW) applied - costs to be determined by assessment if not agreed

Catchwords:

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

Catchwords:

HUMAN RIGHTS CASE – indirect discrimination – pregnancy – carer’s responsibilities – sex discrimination – condition or requirement – failure to offer employment following expiry of short-term contract

Catchwords:

RESIDENTIAL COMMUNITIES — whether the Tribunal had jurisdiction to make orders under the Residential (Land Lease) Communities Act 2013 (NSW) — whether the Applicant’s residency was governed by the Holiday Parks (Long-term Casual Occupation) Act 2002 (NSW) — whether the Appellant is unable to raise the issue of jurisdiction on appeal when jurisdiction was conceded at first instance — whether the Tribunal erred in declaring the site fee increase to be excessive

Catchwords:

GUARDIANSHIP — financial management — review of appointment of private manager of protected person — whether it is in the best interests of protected person that the appointment of manager be revoked GUARDIANSHIP — financial management —whether the decision that it is in the best interests of protected person that the appointment of the manager be revoked was irrational or illogical and not based on findings or inferences of fact supported by logical grounds GUARDIANSHIP — financial management —fiduciary obligations of manager — scope of authority of manager — manager subject to authorities and directions of NSW Trustee and Guardian APPEALS — Appeal to Appeal Panel from Guardianship Division of NSW Civil and Administrative Tribunal — role of Appeal Panel in determining whether appeal raises question of law

Catchwords:

APPEALS – consumer claim – whether Tribunal constructively failed to exercise its jurisdiction – interpretation of an agreement for provision of services – order for remittal for the purposes of calculation of damages

Catchwords:

COSTS – award for costs where appeal dismissed for non-appearance of appellant – special circumstances – appellant failing to appear at hearing of appeal despite expressly requesting a hearing – failure to comply with duty under s 36(3) of the Civil and Administrative Tribunal Act 2013 (NSW) – claim for lump-sum award of costs – principles applicable to fixing lump-sum

Catchwords:

ADMINISTRATIVE LAW — government information — sufficiency of search — whether documents withheld were excluded information in respect of which there was a conclusive presumption against disclosure — whether there was an overriding public interest against disclosure APPEALS — whether denial of procedural fairness — questions of law — whether leave to appeal should be granted

Catchwords:

ADMINISTRATIVE LAW – privacy – whether Appeal Panel has jurisdiction to hear an appeal from an order that agency has contravened an Information Privacy Principle and a Health Privacy Principle – whether appeal is moot ADMINISTRATIVE LAW – privacy – meaning of “disclose” in section 18(1) of the Privacy and Personal Information Protection Act 1998 (NSW) – meaning of “disclose” in clause 11 to Schedule 1 of the Health Records and Information Privacy Act 2002 (NSW)

Catchwords:

APPEALS — Error on a question of law — Procedural fairness — Retaliatory eviction — Issue not raised and considered by Tribunal at hearing — Whether failure to raise issue constitutes denial of procedural fairness LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Retaliatory eviction — s 115 of the Residential Tenancies Act 2010 (NSW) — Circumstances in which issue can be raised in response to application to terminate tenancy under s 85 of the Residential Tenancies Act 2010 (NSW)

Catchwords:

LEASES AND TENANCIES - Boarding house - claim for compensation rejected at first instance - no error of law shown - no basis for granting leave to appeal - no question of principle

Catchwords:

APPEALS – NCAT made orders in residential tenancy dispute between residents of different States – NCAT had no power to do so as it involved an exercise of federal jurisdiction exercisable by courts of a State - Judiciary Act 1903 (C’th) – NCAT is not a court of NSW – appeal allowed.

Catchwords:

APPEALS — appeal from consent orders — negotiations facilitated by Tribunal — Tribunal made error as to jurisdiction and powers — relevant principles — vulnerable applicant

Catchwords:

APPEALS – Firearms – Decision to refuse to grant appellant a firearms licence - Finding that issuing a licence to the appellant would entail a real and appreciable risk to public safety – Whether finding was supported by probative evidence – Whether Tribunal asked itself the wrong question

Catchwords:

BUILDING AND CONSTRUCTION — contract — calculation of damages for repudiation by builder

Catchwords:

ADMINISTRATIVE LAW — firearms — whether reasons were adequate — whether Tribunal misconstrued the Firearms Act 1996 (NSW)

Catchwords:

JUDGEMENTS AND ORDERS – res judicata and issue estoppel – applicable principles – application where party not a party to the proceedings – Anshun estoppel – principles applicable – abuse of process – subsequent proceedings where issue lost in earlier proceedings by party propounding issue EQUITABLE DEFENCES – equitable set-off – availability in Tribunal proceedings – principles applicable – ability to set-off judgement in Local Court against claim in Tribunal dealing with the same subject matter

Catchwords:

APPEALS — Appeal on question of law – Scope of question of law APPEALS — Procedural fairness – Whether Tribunal member fell asleep during hearing APPEALS — Revocation of order dispensing with hearing of appeal

Catchwords:

APPEALS — Appeal on question of law – Scope of question of law APPEALS — Leave to appeal — Principles governing - Leave to appeal refused APPEALS — Procedural fairness – Whether the Tribunal failed to ensure the representative of the respondent did not, because of a lack of legal skill, fail to claim rights or put forward arguments – Failure to afford procedural fairness established APPEALS — Procedure — Time limits — Extension of time – application granted CIVIL PROCEDURE — Self-represented litigant — Duty of Tribunal to assist — Extent of Tribunal’s obligations

Catchwords:

LEASES AND TENANCIES-social housing tenancy agreement-termination pursuant to s 92 of the Residential Tenancies Act 2010 (NSW)-intimidatory and abusive conduct by the tenant during a conciliation at the Tribunal-competing version of relevant events-landlord’s version of events preferred-mitigating circumstances put forward by tenant concerning breaches by landlord -statutory discretion to terminate-mandatory considerations under s 154E-other relevant considerations, including gravity of conduct, absence of contrition and the tenant becoming homeless. APPEAL-various questions of law raised, including legal unreasonableness-grounds of appeal raising questions of law rejected-leave to appeal requirements for appeal from Consumer and Commercial Division of the Tribunal according to clause 12 of Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW)-appellant’s reliance upon leave to appeal ground of new evidence not reasonably available at the time of the hearing at first instance-grounds for leave to appeal not upheld.

Catchwords:

APPEAL – home building – costs of appeal – appellant successful on appeal-issue on appeal remitted for redetermination – appellant did not dispute that it should receive no more than one half of its costs due to disentitling conduct – respondents sought orders for costs of the appeal to follow ultimate outcome following redetermination

Catchwords:

APPEALS — errors other than errors of law — no question of principle

Catchwords:

CONSUMER LAW — failure to supply particular accommodation — offer of alternative accommodation — right to claim refund where said no benefit received — acceptance of alternative accommodation for same period — whether total failure of consideration — claim for wasted expenditure ancillary to accommodation cost — damages for distress and disappointment — assessment of damages

Catchwords:

ADMINISTRATIVE LAW - firearms regulation – revocation of existing firearms licence after conviction for an offence relating to the possession of a firearm by reason of which a further licence could not be issued – whether there is a requirement that there be special or exceptional circumstances before a firearms licence may be retained after conviction for an offence which will preclude the renewal of the licence – held there is no such requirement but there must be some feature of the circumstances that justifies the position that the licensee should retain their licence APPEAL – Civil and Administrative Tribunal – questions of law

Catchwords:

APPEALS- BUILDING AND CONSTRUCTION – no error on a question of law established – whether the decision of the Tribunal was against the weight of the evidence - whether leave to appeal should be granted – whether the appellant has suffered a substantial miscarriage of justice

Catchwords:

APPEALS — leave to appeal — assessment of competing evidence concerning whether or not a logbook was to be supplied with the sale of a motor vehicle — Tribunal evaluated relevant evidence — whether decision not fair and equitable or against the weight of evidence — no substantial miscarriage of justice

Catchwords:

APPEAL – Retail leases – construction of Covid regulation – rent review clause

Catchwords:

APPEALS – whether the Tribunal in erred in finding that the fact that a decision had not been made was not an administratively reviewable decision. ADMINISTRATIVE LAW – meaning of “decision” for the purposes of the Administrative Decisions Review Act 1997 (NSW) ADMINISTRATIVE LAW - whether the respondent erred in failing to consider s 4 of the Guardianship Act 1987 (NSW) failing to make a decision in relation to a person with disabilities

Catchwords:

APPEALS – Application to extend time – set aside application – no error on a question of law – no basis for granting leave to appeal – exercise of discretion

Catchwords:

APPEAL – whether time to appeal order for financial management should be extended – whether appellant demonstrated error on a question of law – whether leave to appeal should be granted

Catchwords:

APPEALS — whether time to file notice of appeal should be extended — whether leave to appeal should be granted — whether appellant demonstrated error on question of law or on any other ground

Catchwords:

APPEALS – Whether Tribunal denied the appellant procedural fairness by refusing its adjournment application – Whether Tribunal’s discretion miscarried when refusing adjournment application – Whether Tribunal erred in finding that certain defects were “major defects” and that it had jurisdiction in relation to the respondents’ building claim – Whether the Tribunal's findings that certain defects were “major defects” were made without probative evidence to support them – Whether the Tribunal erred in finding that the appellant was a party to the home building contract with the respondents.

Catchwords:

COSTS---s 60(1)-(3) Civil and Administrative Tribunal Act 2013---Special circumstances---Whether established

Catchwords:

LAND LAW – Strata Schemes Management Act 2015 – By-law regulating installation of air conditioning and permitting strata committee to approve – whether by-law protecting amenity of other lot owners is harsh oppressive or unconscionable ADMINISTRATIVE LAW – construction of by-law – principles applicable – circumstance in which extrinsic material may be relied on to determine meaning

Catchwords:

CIVIL PROCEDURE — leave sought to appeal from interlocutory decisions — procedural fairness — scope of duty of Tribunal to assist self-represented party

Catchwords:

LEASES AND TENANCIES-residential tenancy-tenant’s claim that rent increase was excessive-written rent increase notice required to be given pursuant to s 41 (1) of the Residential Tenancies Act 2010 (NSW) (RTA) -tenant acknowledged receipt of notice within the 60 day time period requirement-validity of written notice when given by email where no email address specified as required by s 223 of the RTA-Tribunal found invalid-Tribunal did not consider significance of tenant’s acknowledgement of receipt-error of law.

Catchwords:

CONSUMER CLAIMS — breach of procedural fairness — whether on a re-hearing the finding that the Respondent received no benefit from the consumer contract following lawful termination should be disturbed — on a re-hearing Appeal Panel is satisfied that the original orders should stand

Catchwords:

APPEALS — Dividing fences — Extension of time – Appeal by leave under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) — Breach of procedural fairness — Whether there is significant new evidence for the purposes of clause 12, Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW)

Catchwords:

RESIDENTIAL TENANCY — whether the Tribunal erred in awarding refund of excessive rent paid under the Residential Tenancies Act 2010 (NSW) — no question of law raised — leave to appeal refused

Catchwords:

COSTS — appeals — whether the Tribunal erred in not finding special circumstances and ordering costs after the Respondent, in substance, consented to the relief sought by the Appellant, the Applicant below — failure to consent to the Appellant’s proceedings earlier was not unreasonable — the Tribunal did not err in not finding special circumstances and not awarding costs in favour of the Appellant — whether the order of the Tribunal directing the Appellant to exempt the Respondent from any costs imposition relating to the Tribunal’s proceedings was within power and the jurisdiction of the Tribunal to make

Catchwords:

COSTS — Appeal costs — Special circumstances

Catchwords:

APPEALS – Compensation claim – question of law – Tribunal ordering a refund of the purchase price rather than compensation for the reasonable cost of repairs as sought

Catchwords:

COSTS — proceedings to which rr 38 and 38A of the Civil and Administrative Tribunal Act 2013 apply — retail lease appeal — withdrawal of proceedings in close proximity to hearing date — self-represented respondents who obtained legal advice — whether lump sum costs order should be made

Catchwords:

APPEALS – Denial of procedural fairness

Catchwords:

COSTS – whether special circumstance exists – whether costs should be awarded against self-represented party said to engage in vexatious or frivolous conduct or advancing contentions that are misconceived – whether a lump sum order should be made

Catchwords:

COSTS – no real and genuine element of compromise in a Calderbank letter sent prior to the appeal hearing – indemnity costs refused – exercise of discretion under r 38A where one party largely successful in the appeals – no disentitling conduct or other factors to warrant a departure from the principle that costs follow the event.

Catchwords:

APPEALS — res judicata — abuse of process — quantum meruit

Catchwords:

COSTS –- s 60 Civil and Administrative Tribunal Act 2013 – proceedings not out of the ordinary - proceedings not untenable, frivolous or vexatious – no award of costs.

Catchwords:

APPEAL – PROCEDURAL FAIRNESS – request for AVL link – non-appearance

Catchwords:

LEASES AND TENANCIES---Retail lease---Rent and outgoing arrears--- Rent relief in accordance with the National Cabinet Mandatory Code of Conduct — SME Commercial Leasing Principles during COVID-19---Applicable principles

Catchwords:

APPEAL – whether denial of procedural fairness – whether decision against the weight of evidence – appeal allowed in part

Catchwords:

APPEALS — Appeal on question of law – Scope of question of law APPEALS — Leave to appeal — Principles governing – leave to appeal refused APPEALS — Procedural fairness — Whether there is any evidence of a denial of procedural fairness in the making of a consent order

Catchwords:

APPEALS — whether Tribunal erred in dismissing Appellant’s application for review pursuant to Administrative Decisions Review Act 1997 on basis that Appellant failed to identify a reviewable administrative decision in accordance with the Act

Catchwords:

Appeal – dividing fence – procedural fairness occasioned by absence of Appellant at first instance hearing – whether order was fair and equitable – order requiring the Appellant to pay the full cost of the new fence

Catchwords:

REAL PROPERTY – STRATA MANAGEMENT – strict duty of repair – onus of proof on scope and consequences of breach – causation and mitigation – measure and quantification of loss – Strata Schemes Management Act 2015 (NSW) ss 106, 122, 124, 232. COSTS – costs orders on severable issues - application of s 104 Strata Schemes Management Act 2015 (NSW) – quarantining of costs orders in favour of appellant – appropriate orders with success on primary matter appealed and remitted but not on a severable matter appealed.

Catchwords:

APPEAL – costs order – denial of procedural fairness – failure to deal with objection to extension of time to make costs application - no opportunity to make submissions

Catchwords:

APPEALS — building and construction — statutory warranties — onus of proof — no issue of principle — no error of fact

Catchwords:

PRACTICE AND PROCEEDURE — set aside application — exercise of discretion — failure to consider relevant matters — adequacy of reasons

Catchwords:

APPEALS - procedural fairness - questions of law concerning jurisdiction of the Tribunal – interpretation of Special Condition - decision of the Tribunal upheld.

Catchwords:

APPEALS- BUILDING AND CONSTRUCTION – renewal – work order not completed – other appropriate orders available on renewal – money order made in accordance with consent orders – no error on a question of law established.

Catchwords:

APPEALS — whether the respondent’s application to set aside summonses required leave — nature of application to set aside summonses — adequacy of reasons-procedural fairness — claims of legal professional privilege and waiver-apparent relevance of documents sought by summonses — criteria for relevance-application for recusal — evidence permissible to engage s112 of the Government Information (Public Access) Act 2009(NSW) — adequacy of searches-grounds of appeal lacking sufficient specificity.

Catchwords:

LICENCING – firearms licencing – special conditions placed on licence not to use firearms on specific rural land due to its size, shape and location – whether such condition was unlawful or unreasonable

Catchwords:

LAND LAW – Strata title – Order to remove strata committee member – eligibility of lot owner to be a member of the strata committee as well as building manager – scope of power of Tribunal to make orders under s 24 of the Strata Schemes Management Act 2015 (NSW) – general orders concerning SMS system to notify lot owners of building works and other matters

Catchwords:

APPEALS – Procedural fairness – Adequacy of reasons

Catchwords:

CONSTITUTIONAL LAW (CTH) – jurisdiction of Tribunal where claims made in respect of international carriage by air – when the Tribunal is deprived of jurisdiction by the alleged operation of the Montreal Convention

Catchwords:

PRACTICE AND PROCEDURE – building claim – right of applicant to withdraw building claim under s 48I of the Home Building Act 1989 (NSW) – no discretion of the Tribunal to prevent withdrawal of proceedings under s 48I – no right of respondent to insist on final hearing of dispute in these circumstances.

Catchwords:

CONSUMER LAW — jurisdiction — NSW Civil and Administrative Tribunal Consumer and Commercial Division — claim against director of supplier company who was not involved in the supply of services-supplier company de- registered after supply of the services-business of supplier company carried on by associated company-allegation of “illegal phoenix activity” — Tribunal found it had no jurisdiction to determine claim-following the decision applicant asked the Tribunal to recuse itself a bias in respect of outstanding question of costs this. APPEALS — questions of law concerning jurisdiction of the Tribunal — decision of the Tribunal upheld — second decision about recusal for bias upheld where not attended by sufficient doubt.

Catchwords:

LEASES AND TENANCIES – order of termination under s 103 of the Residential Tenancies Act 2010 (NSW) – whether order was correctly issued in circumstances where the tenancy had been abandoned and terminated prior to the order being made – whether break-fee should have been ordered.

Catchwords:

COSTS---Proceedings at first instance settled prior to hearing by consent orders with issue of costs reserved---r 38 Civil and Administrative Tribunal Rules 2014---Whether costs order should be made in favour of a party---Applicable principles

Catchwords:

APPEALS – internal appeal - significant new evidence not reasonably available -No grounds for leave established – appeal against order enforcing unwritten contract for residential building work to a value exceeding $30,000 allowed – s 7 and s 10 Home Building Act 1989 (NSW) – order on appeal – order for return of monies paid pursuant to order set aside on appeal. EVIDENCE – opinion evidence – consequences of non-compliance with NCAT Procedural Direction 3 – Expert Evidence – affects weight not admissibility - expert report containing bare assertions – given no weight.

Catchwords:

LANDLORD AND TENANT – Residential Tenancies Act 2010 (NSW) – reduction or withdrawal of goods, services or facilities – whether failure to repair defects existing at commencement of premises can constitute a relevant withdrawal or reduction – requirements against which reduction or withdrawal are to be judged

Catchwords:

COSTS — Party/Party — Exceptions to general rule that costs follow the event — Calderbank offers

Catchwords:

ADMINISTRATVIE REVIEW – person under guardianship – decision of the Public Guardian that person be accommodated at an aged-care facility was affirmed - not reasonably arguably case of error APPEALS – application to extend time to lodge Notice of Appeal – application refused – insufficient prospects of success of appeal

Catchwords:

APPEAL- whether appellant demonstrates error on question of law- whether leave to appeal should be granted- whether time to appeal should be extended

Catchwords:

APPEAL – HOME BUILDING- failure to make necessary findings of fact

Catchwords:

LEASES AND TENANCIES – retaliatory notice – reasonable state of repair – excessive rent due to withdraw or reduction in goods, services and facilities

Catchwords:

APPEAL – related home building and strata scheme applications – no errors of law in principal decision work order decision and costs decision – no procedural unfairness in conduct of the hearing

Catchwords:

LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – Notice of rent increase – Whether validly served prior to renewal of lease – Leave to appeal – Significant new evidence not reasonably available – No grounds for leave established

Catchwords:

APPEAL - whether appellant establishes error on question of law - whether appellant establishes grounds for leave to appeal - whether “new evidence” relied on by appellant was not reasonably available at time of original hearing

Catchwords:

APPEALS — Appeal on question of law – Scope of question of law APPEALS — Leave to appeal — Principles governing – leave to appeal refused APPEALS — Procedural fairness — Whether the adjournment of a hearing or the delay of the commencement of a hearing of which notice had been given where a party is not present at the commencement of the hearing is required

Catchwords:

APPEALS — right of appeal — who may exercise where Tribunal appoints manager to strata scheme with plenary powers — where lot owner not a party to proceedings at first instance seeks to appeal against decision of Tribunal pursuant to s 80(1) of the Civil and Administrative Tribunal Act 2013 (NSW) –proceedings incompetent due to an absence of standing

Catchwords:

LEASES AND TENANCIES – application for reinstatement of matter following dismissal for non-appearance – application dismissed on the ground of failure to provide adequate reason for non-appearance and for application being filed out of time PRACTICE AND PROCEDURE – application for reinstatement under s 55(2) of the Civil and Administrative Tribunal Act 2013 (NSW) – Tribunal declined to extend time under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) APPEAL – whether the decision not to grant an extension of time under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) was in error – appeal dismissed as no error in refusing to grant extension of time was made out

Catchwords:

COSTS – Civil and Administrative Tribunal Rules rr 38 and 38A – Amount claimed or in dispute – Civil and Administrative Tribunal Act s 60 – Special circumstances

Catchwords:

LAND LAW - community land - statutory obligation of neighbourhood association to maintain and keep in good repair common property under s 109 of the Community Land Management Act 2021 (NSW) (CLMA) - trotting track part of common property not kept in good repair - special resolutions by the association not to maintain and repair trotting track-application by lot owner for orders requiring that repairs be carried out - no challenge to special resolution in terms of s 109(3). APPEALS - various alleged errors raised on appeal-Tribunal examined reasons for the association’s determination not to maintain and repair trotting track and objective facts-whether any error by the Tribunal concerning this approach and dealing with these issues was irrelevant in circumstances where there was no challenge to the validity or operative effect of the special resolution.

Catchwords:

REAL PROPERTY – STRATA MANAGEMENT – strict duty of repair – onus of proof on scope and consequences of breach – causation and mitigation – measure and quantification of loss – Strata Schemes Management Act 2015 (NSW) ss 106, 122, 124, 232

Catchwords:

APPEALS – Australian Consumer Law – no question of principle

Catchwords:

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)

Catchwords:

APPEAL – summonses to treating medical practitioners to produce documents – whether Tribunal erred in setting aside summonses - whether summonses have legitimate forensic purpose – whether a fishing expedition – mistake as to facts – incorrect application of law

Catchwords:

LEASES AND TENANCIES – twenty year residential tenancy agreement – leave to adduce fresh evidence refused – no appeal against critical findings of fact

Catchwords:

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

Catchwords:

APPEALS – Australian Consumer Law – no question of principle

Catchwords:

COSTS – appeal – errors of law in exercise of the Tribunal’s discretion under r 38 – setting aside of no order as to costs and substituting a costs’ order.

Catchwords:

PRACTICE AND PROCEDURE – costs – no question of principle

Catchwords:

APPEALS – Failure to provide transcript or sound recording as ordered – Weight to be given to expert evidence - Communication with the Appeal Panel after the appeal was concluded – No question of principle

Catchwords:

APPEALS – leave to appeal - new evidence – leave to appeal under cl 12(1)(c) Sch 4 of the Civil and Administrative Tribunal Act 2013 refused – failure to consider relevant consideration - damages – inadequacy of reasons – no explanation of how damages assessed. PROCEDURE – ex parte hearing under rule 35 of the Civil and Administrative Tribunal Rules 2014 - failure to take into consideration undefended hearing evidence which could constitute a complete defence to claim – Tribunal’s obligation to satisfy itself that claim made out – failure to consider a relevant consideration.

Catchwords:

HUMAN RIGHTS – disability discrimination – whether the Secretary, NSW Ministry of Health is a qualifying ‘authority or body’ within the meaning of s 49J(1) of the Anti-Discrimination Act 1977 (NSW) in respect of private health facilities

Catchwords:

APPEAL- appeal from orders requiring the appellant to remedy defective work-whether a question of law arises- whether there is a ground for leave to appeal to be granted-conflicting evidence of expert witnesses.

Catchwords:

APPEAL – Exclusive selling agency agreement – No sale – Liability for disbursements – Section 55A of the Property and Stock Agents Act 2002 (NSW) - No compensation for property owner – Failure to allow procedural fairness

Catchwords:

APPEAL – Civil and Administrative Tribunal (NSW) – appeal from Guardianship Division- asserted error on a question of law – failure to take into account mandatory consideration - views of person with a disability- Guardianship Act 1987 s14(2)(a)(i). No error on a question of law established – appeal dismissed. Leave to appeal not sought. PROCEDURE – Civil and Administrative Tribunal (NSW) Appeal Panel – appeal from Guardianship Division – obligation to assist legally unrepresented appellant in formulation of their case and grounds.

Catchwords:

ADMINISTRATIVE LAW – hearing rule – right to cross-examine witnesses – failure to allow the Appellant to cross-examine witnesses – reliance on the evidence of those witnesses – breach of procedural fairness – practical injustice resulting from breach of obligation to provide procedural fairness

Catchwords:

GUARDIANSHIP — whether the Tribunal misapplied ss 15(3), 17(1) of the Guardianship Act 1987 (NSW) — whether proposed guardian “able to exercise the functions conferred or imposed by the proposed guardianship order” PROCEDURAL FAIRNESS — whether Tribunal complied with obligation “to take such measures as are reasonably practicable to ensure each party had a reasonable opportunity to be heard or otherwise have their submissions considered in the proceedings” NCAT Act, s 38(5)(c) Civil and Administrative Tribunal Act 2013 (NSW) PROCEDURAL FAIRNESS — “practical injustice” — whether Tribunal’s alleged to afford the appellant a reasonable opportunity to be heard deprived deprive the appellant of the possibility of a successful outcome EVIDENCE — “no evidence ” — whether finding was made without evidence LEAVE TO APPEAL — principles governing granting leave to appeal from decision made by Civil and Administrative Tribunal

Catchwords:

COSTS — Party/Party — Appeals – amount in dispute exceeds $30,000 - general rule that costs follow the event – costs awarded against unsuccessful appellant

Catchwords:

PRACTICE AND PROCEDURE – s 63 of the Civil and Administrative Tribunal Act 2013 (NSW)- Power to correct errors in decisions of the Tribunal – no error disclosed

Catchwords:

APPEAL – error on a question of law - leave to appeal - appeal from an interlocutory decision – appeal from an ancillary decision

Catchwords:

APPEAL – Guardianship Division – whether breach of procedural fairness – whether appellant should have been offered adjournment – adjournment of other proceedings so that witness available to give evidence – appeal allowed.

Catchwords:

APPEAL – whether wrong findings made – whether no evidence for findings that NSW Trustee and Guardian investigating alleged financial abuse by sons of Subject P – whether Tribunal member biased - no question of law – leave to appeal refused – no question of principle

Catchwords:

APPEAL – Guardianship Division – whether Tribunal failed to apply legal precedents – whether breach of procedural fairness – whether appellant should have been offered adjournment – whether appellant was carer of subject person – whether failure to consider mandatory considerations - appeal dismissed

Catchwords:

APPEALS – denial of procedural fairness – consent orders - no question of principle

Catchwords:

APPEALS – denial of procedural fairness – leave to appeal – no question of principle

Catchwords:

PRIVACY AND PERSONAL INFORMATION – whether use for purpose collected - whether contravention of information privacy principles

Catchwords:

LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rent — Rent increases – In the absence of a notice served in compliance with the requirements of the Act, the entry into a renewed fixed term tenancy agreement does not increase the rent payable notwithstanding that the renewed agreement states a higher rent

Catchwords:

APPEAL- whether leave to appeal interlocutory procedural orders should be granted

Catchwords:

APPEAL – NCAT - Australian Consumer Law – British Bulldog puppy diagnosed with a serious congenital health condition shortly after being purchased - whether representations as to the health of the puppy were misleading or deceptive in breach of s 18 of the ACL – finding by Tribunal of a breach of ACL consumer guarantee that goods will be of acceptable quality – questions of law raised by Notice of Appeal when properly construed - principles for assessing proper measure of damages for breach of statutory guarantee provision of ACL– varying amount of damages ordered by Tribunal – claim for appellant’s costs of appeal

Catchwords:

ADMINISTRATIVE LAW – internal appeal – application for an extension of time to lodge the appeal – whether the appeal lacks merit TAXES AND DUTIES – Land tax – Surcharge land tax – principal place of residence exemption

Catchwords:

CIVIL PROCEDURE – whether Tribunal has jurisdiction to hear an appeal from a statement of the Tribunal that “The Information Commissioner appears and has a right to be heard in these proceedings but is hot a party” – whether such a statement is an internally appealable decision – whether leave should be given to appeal from interlocutory decisions by way of procedural directions - whether certain questions of law should be referred to the Supreme Court – whether the Appeal Panel members should recuse themselves

Catchwords:

Appeal – Residential tenancy – “becomes aware of the breach”

Catchwords:

APPEAL- damage to lot property in a strata scheme-whether leave to appeal should be granted having regard to evidence-whether evidence was misinterpreted-whether decision resulted in a clear injustice-whether owners corporation liable to perform a work order- consideration of sections 106, 122 and 232 of the Strata Schemes Management Act

Catchwords:

LAND LAW – Strata title – Duty to maintain and repair common property – Liability of owners corporation for foreseeable losses sustained by reason of a failure to maintain and repair common property - Strata Schemes Management Regulation 2016 clause 60 – Parties to pay their own costs associated with a mediation – Whether damages for failure to repair and maintain common property may include legal costs associated with a mediation seeking to resolve a dispute concerning the maintenance of common property

Catchwords:

APPEALS – denial of procedural fairness – leave to appeal – extension of time to file notice of appeal – no question of principle

Catchwords:

BUILDING AND CONSTRUCTION – appeal – adequacy of reasons – s 48MA of the Home Building Act 1989 (NSW)

Catchwords:

APPEALS – costs – redetermination of costs at first instance after successful appeal - statutory interpretation – when amendment increasing Tribunal’s monetary jurisdictional limit in claims under the Fair Trading Act 1987 (NSW) takes effect

Catchwords:

APPEAL- whether substantive appeal and a costs appeal should be adjourned because of concurrent Supreme Court proceedings- whether the risk of inconsistencies between the findings of the appeal panel and the findings of the Supreme Court should be avoided by adjourning the appeals.

Catchwords:

APPEAL – No question of principle

Catchwords:

APPEALS – jurisdiction of Tribunal to determine matter in exercise of judicial power where the Australian Postal Corporation is a party – authority to decide whether Australian Postal Corporation is ‘the Commonwealth’ for the purpose of s 75(iii) of the Constitution – whether the mere raising of that contention on a genuine basis deprives the Tribunal of jurisdiction – jurisdiction of Tribunal’s Appeal Panel to make orders affecting decision at first instance in absence of ability to adjudicate on matters in federal jurisdiction

Catchwords:

APPEAL – No question of principle

Catchwords:

APPEAL - Administrative Law - application for a contractor licence under the Home Building Act -whether the applicant had attained experience as an employee or as a subcontractor - factors to be considered when determining whether an employer/employee relationship existed -consideration of the purpose of the requirement for experience to be attained as an employee.

Catchwords:

APPEAL – Error of law – Leave to appeal – New evidence not reasonably available – New evidence obtained after the date of the decision.

Catchwords:

COSTS – Lump sum costs orders

Catchwords:

COSTS - application for a stay – allegation Tribunal, and therefore the Appeal Panel, lacks jurisdiction – whether jurisdiction as to costs remains if not consequent upon or linked to the adjudication of aspects of the matter which may be in federal jurisdiction

Catchwords:

APPEALS – Whether decision fair and equitable – whether Tribunal required to suggest basis for claim LEASES AND TENANCIES – Retail lease – power of Tribunal to declare rent not payable

Catchwords:

MENTAL HEALTH — Management of estate — Administration by another person — Review by NSW Civil and Administrative Tribunal

Catchwords:

APPEALS – adequacy of reasons – Tribunal’s obligation to give reasons under s 62 of the Civil and Administrative Tribunal Act 2013 (NSW) – when inadequate reasons require a new hearing

Catchwords:

APPEAL — Leave to appeal — interlocutory decision — application to transfer proceedings — utility of proceedings

Catchwords:

APPEALS - appeal from decision made under Regulation 9 of the Civil and Administrative Tribunal Regulation 2022 setting aside orders made in the absence of the respondent to the appeal – ancillary decision – right of appeal on a question of law – adequacy of reasons – re-determination of set aside application by the Appeal Panel – discretionary considerations.

Catchwords:

PRACTICE AND PROCEDURE – whether the Tribunal erred in failing to set aside Summonses for production – whether the Tribunal failed to apply the test of legitimate forensic purpose – whether the Tribunal ought to have set aside the Summons as amounting to a fishing expedition

Catchwords:

APPEALS – Adequacy of reasons LAND LAW – Strata title – By-laws - Interpretation of by-law – Whether by-law is an “instrument” for the purposes of the Interpretation Act 1987 (NSW) WORDS AND PHRASES – “Instrument”

Catchwords:

APPEALS — Appeal on question of law – Scope of question of law - Allegations of constructive failure to exercise jurisdiction APPEALS — Procedure — Time limits — Extension of time – application dismissed

Catchwords:

REAL PROPERTY – STRATA MANAGEMENT – appointment of compulsory strata manager - no error of law or fact - Strata Schemes Management Act 2015 (NSW) s 237

Catchwords:

Whether Tribunal erroneously made guardianship order pursuant to Guardianship Act 1987

Catchwords:

HUMAN RIGHTS – discrimination – whether the Respondent discriminated against the Appellant on the ground of disability in declining to provide home assisted education – whether differential treatment – what was the correct comparator – whether education services are provided to both the child and the parents within the meaning of s 49M of the Anti-Discrimination Act 1977 (NSW)

Catchwords:

LAND LAW – Strata title – Appointment of compulsory strata manager---No error of law identified---No grounds for leave to appeal established

Catchwords:

VICTIMS RIGHTS – whether restitution order was properly made – whether the relevant proceedings against the Appellant were civil proceedings within the meaning of s 59(2)(b) of the Victims Rights and Support Act 2013 (NSW)

Catchwords:

APPEALS – costs - special circumstances

Catchwords:

Appeal – Procedural fairness – Notice of cause of action Appeal – Redetermination Appeal – Assessment of damages

Catchwords:

APPEALS – whether the Tribunal erred in allowing that there was a contract entered into between the parties in circumstances were one party was not aware that an agent was acting for an undisclosed principal – rationale for the doctrine of undisclosed principal

Catchwords:

APPEAL – Leave to appeal granted – assessment of tenants’ loss resulting from wrongful disposal of goods not fair and equitable – nominal damages awarded – substantial injustice – Clause 12 of Schedule 4 of the Civil and Administrative Tribunal Act 2013. LEASES AND TENANCIES – Residential Tenancies – wrongful disposal of tenant’s goods in breach of s 61(2) of the Residential Tenancies Act 2010 – assessment of compensation

Catchwords:

APPEALS –– summary dismissal of appeal ––– exercise of power to dismiss appeal because of a “want of prosecution in the proceedings”

Catchwords:

APPEAL – Whether decision to make timetabling orders was internally appealable decision – Whether leave should be granted to appeal from summary dismissal decision

Catchwords:

ADMINISTRATIVE LAW - discrimination – disability discrimination – indirect – condition or requirement – denying or limiting access to a benefit – subjecting to detriment – education

Catchwords:

BUILDING AND CONSTRUCTION – quantification of a quantum meruit claim

Catchwords:

Appeal – tenant’s application alleging noise in apartment constituting a breach by the landlord of landlord’s obligations under the Residential Tenancies Act 2010 (NSW) – errors by Tribunal in rejecting tenant’s applications under ss 44 and 45 of the Residential Tenancies Act 2010 – errors of no consequence - Tribunal considered tenant’s evidence in the context of a potential breach of s 52 – failure by tenant to discharge onus of proof

Catchwords:

Whether Tribunal erred in its consideration of s 36 of the Powers of Attorney Act; whether the Tribunal erred in making an order for financial management pursuant to the Guardianship Act

Catchwords:

RESIDENTIAL TENANCY – whether or not eviction notice was a retaliatory notice pursuant to s 115 of the Residential Tenancies Act 2010 (NSW) – whether the Tribunal erred in its award of compensation for failure by the landlord to effect repairs

Catchwords:

RESIDENTIAL TENANCY – whether the Tribunal wrongly allowed evidence – whether the Tribunal wrongly ordered compensation for the landlord on termination of the tenancy

Catchwords:

APPEAL – claim under s 106 of the Strata Schemes Management Act 2015 (NSW) for compensation as a lot owner – whether the evidence established loss – whether the reasons given by the Tribunal at first instance were adequate and/or reasonable – consideration of the obligations under s 52 of the Residential Tenancies Act 2010 (NSW) – whether there should be a remittal or whether the Appeal Panel should award compensation in favour of the Appellant having determined to set aside the decision at first instance.