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| NCAT Appeal Decisions Digest August 2015 Decisions
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The NCAT Appeal Decisions Digest provides monthly keyword summaries of decisions of the NSW Civil and Administrative Tribunal (NCAT) Internal Appeal Panel.
Under the Civil and Administrative Tribunal Act 2013, parties have a right to appeal to the Internal Appeal Panel from any decision made by the Tribunal in proceedings for a general decision or an administrative review decision. Detailed information about appeals is available on the NCAT website.
The following NCAT Appeal Panel decisions were handed down during the month of August 2015. Each case title is hyperlinked to the full decision available on NSW Caselaw. |
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| | Garry Pickering v Michael Munchol Yi and Heeja Yi [2015] NSWCATAP 161
Consumer & Commercial Division - General
Judgment of: J REDFERN, Principal Member; R DEUTSCH, Senior Member Catchwords: APPEAL – whether interlocutory or ancillary decision – leave to appeal interlocutory decision – previous proceedings dismissed for non-appearance - whether res judicata or estoppel – abuse of process – summary dismissal – whether claim ‘lacking in substance’ – costs – no special circumstances |
| Pearce v AQO [2015] NSWCATAP 162
Administrative & Equal Opportunity Division - Privacy, HRIPA
Judgment of: Acting Judge K P O'CONNOR AM, Deputy President Appeals; Emeritus Professor G D WALKER, Senior Member Catchwords: No keywords |
| | NSW Land and Housing Corporation v Woodward [2015] NSWCATAP 164
Consumer & Commercial Division - Social Housing
Judgment of: P R CALLAGHAN SC; A BRITTON, Principal Members Catchwords: Appeal – residential tenancy – question of law – reduction of services – fitness for habitation by the tenant – abatement of rent – order for performance of work – compensation – liberty to apply – model litigant |
| Invenio Pty Ltd v Brad Jones Racing Pty Ltd [2015] NSWCATAP 165
Consumer & Commercial Division - General
Judgment of: L P ROBBERDS QC; K ROSSER, Senior Members Catchwords: Contract – one party alleges it was unaware of a document referred to in the contract which imposed obligations on the parties – that document incorporated by signature of the contract |
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Shaw Plumbing Pty Ltd v Sparksman [2015] NSWCATAP 167
Consumer & Commercial Division - Home Building
Judgment of: A P COLEMAN SC; D GOLDSTEIN, Senior Members Catchwords: APPEAL: leave – no errors of law; new evidence- no reasonable explanation as to non-availability at hearing |
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Taylor v Pera [2015] NSWCATAP 169
Consumer & Commercial Division - Motor Vehicle
Judgment of: D PATTEN, Principal Member; K ROSSER, Senior Member Catchwords: Appeal – whether question of law; whether substantial miscarriage of justice |
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The Owners-Strata Plan No.79707 v Trilogy Capital Services Pty Ltd [2015] NSWCATAP 171
Consumer & Commercial Division - Home Building
Judgment of: L P ROBBERDS QC; S THODE, Senior Members Catchwords: Meaning of “developer” for Home Building Act 1989 – extension of statutory warranties – immediate successor in title – vesting of common property on registration of strata plan – successor in title to person entitled to benefit of statutory warranty |
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Corbett v Burns [2015] NSWCATAP 172
Administrative & Equal Opportunity Division - Equal Opportunity
Judgment of: BOLAND J ACDJ, Deputy President Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 (NSW) |
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Andrews v Davis [2015] NSWCATAP 175
Consumer & Commercial Division - General
Judgment of: M SCHYVENS, Deputy President; R TITTERTON, Senior Member Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Leave to appeal – appeal dismissed |
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BDK v Department of Education and Communities (No 2) [2015] NSWCATAP 176
Administrative & Equal Opportunity Division - GIPA
Judgment of: Acting Judge K P O'CONNOR AM, Deputy President Appeals; Emeritus Professor M CHESTERMAN, Principal Member Catchwords: COSTS – provisional view that appellant pay respondent’s costs – special circumstances – vexatious conduct - consideration of written submissions – provisional view confirmed: Civil and Administrative Tribunal Act 2013, s 60 |
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AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179
Administrative & Equal Opportunity Division - HRIPA
Judgment of: Acting Judge K P O'CONNOR AM, Deputy President Appeals; S MONTGOMERY, Senior Member; M BOLT, General Member Catchwords: PRIVACY OF HEALTH INFORMATION – Appeal finding of contravention of Health Privacy Principle 4 – extension to merits - final order – financial compensation, apology. Health Privacy Principle 4(2) |
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M H Investments Aust Pty Ltd v Hurstville City Council [2015] NSWCATAP 180
Consumer & Commercial Division - Commercial
Judgment of: R SEIDEN SC, Principal Member; P H MOLONY, Senior Member Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) - retail lease – public road – jurisdiction – whether Retail Leases Act applies to a public road – conventional estoppel – notice of contention |
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