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| NCAT Appeal Decisions Digest June 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 June 2015. Each case title is hyperlinked to the full decision available on NSW Caselaw. |
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Rodrigo v Zhang (No 2) [2015] NSWCATAP 101
Consumer & Commercial Division - Tenancy
Judgment of: M HARROWELL; S HIGGINS, Principal Members Catchwords: RESIDENTIAL Tenancy - leave to appeal – whether the appellant established that he suffered a substantial miscarriage of justice because the decision under appeal was not fair and equitable and or the decision was against the weight of evidence – validity of appellant’s notice pursuant to s98 of the Residential Tenancies Act, 2010 Termination under s81(2) of the Residential Tenancies Act, 2010 without order of Tribunal |
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Qin v Billings [2015] NSWCATAP 105
Consumer & Commercial Division - General
Judgment of: N HENNESSY LCM, Deputy President; K ROSSER, Senior Member Catchwords: INTERNAL APPEAL – application for orders pursuant to the Boarding Houses Act 2012 (NSW) for the refund of monies paid to a boarding house operator for a security deposit, occupancy fee and compensation – company wrongly joined as a respondent – significant error of fact made in relation to amount of security deposit paid – appeal allowed |
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Concourt Pty Ltd v Victoria Mary Kerr [2015] NSWCATAP 106
Consumer & Commercial Division - Home Building
Judgment of: Dr J RENWICK SC; S THODE, Senior Members Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Appeal Panel – extension of time returned – error of fact or law – appeal allowed in part |
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Short v Smith [2015] NSWCATAP 108
Consumer & Commercial Division - Home Building
Judgment of: S WESTGARTH, Deputy President; M ANDERSON, Senior Member Catchwords: ADMINISTRATIVE LAW- Civil and Administrative Tribunal (NSW)- whether there was a substantial miscarriage of justice under clause 12(1) of Schedule 4 Civil and Administrative Tribunal Act 2013 (NSW)- appellant not afforded a reasonable opportunity to be heard in the hearing at which he did not appear- there is insufficient evidence to be satisfied that the appellant knew of the date of the hearing- if the Tribunal did not find that the appellant was an employee the appellant defends the case against him on the basis that the work was not defective and then relies upon an expert report in response to the report that the respondent had relied upon- leave to appeal under section 80(2)(b) Civil and Administrative Tribunal Act 2013 (NSW) granted and appeal allowed- order that the appellant obtain an expert report- file and serve a copy on the respondent within six weeks and such report to be used in the remitted hearing |
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Drain v Eagle Auto Parts Pty Ltd [2015] NSWCATAP 109
Consumer & Commercial Division - Motor Vehicle
Judgment of: P M WASS SC; S THODE, Senior Members Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) – application for extension of time in which to appeal – exercise of discretion – application for leave to appeal refused - appeal dismissed |
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Patricia Panico v Carolyn Crompton and Rodney Jennings [2015] NSWCATAP 110
Consumer & Commercial Division - Tenancy
Judgment of: M HARROWELL, Principal Member; R TITTERTON, Senior Member Catchwords: APPEAL – leave to appeal – decision appealed from against the weight of the evidence – obligation of landlord to repair – liability of tenant for repairs upon vacation of residential premises – fair wear and tear |
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Polovin v Miller (No 2) [2015] NSWCATAP 116
Consumer & Commercial Division - Home Building
Judgment of: M CHESTERMAN, Principal Member; R TITTERTON, Senior Member Catchwords: Civil and Administrative Tribunal – Appeal - costs |
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Shaw v 3D Design and Built Pty Ltd [2015] NSWCATAP 117
Consumer & Commercial Division - Home Building
Judgment of: N HENNESSY LCM, Deputy President; R TITTERTON, Senior Member Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL dispute under Home Building Act 1989 (NSW) – error of law – asking the wrong question – error of law identified – new hearing on facts found by Tribunal below – same decision - appeal dismissed |
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Mark Lewis v Trot Pty Ltd [2015] NSWCATAP 118
Consumer & Commercial Division - Home Building
Judgment of: D ROBINSON, Principal Member; C PAULL, Senior Member Catchwords: Setting aside-set aside-Civil and Administrative Tribunal Regulation 2013 (NSW) Internal Appeals s 80 Civil and Administrative Tribunal Act 2013 (NSW) |
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Knight v Oztrack Pty Ltd [2015] NSWCATAP 119
Consumer & Commercial Division - Motor Vehicle
Judgment of: A BRITTON, Principal Member; D GOLDSTEIN, Senior Member Catchwords: ADMINISTRATIVE LAW — appeal from Consumer and Commercial Division of NCAT –– whether question of law is raised — whether leave to appeal should be granted –– whether decision under appeal was against the weight of evidence — whether significant new evidence has arisen PRACTICE AND PROCEDURE — Expert Evidence —obligations of expert to be impartial — weight to be given to an expert’s opinion |
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Shelton v Phoo [2015] NSWCATAP 120
Consumer & Commercial Division - Tenancy
Judgment of: L ROBBERDS QC; S THODE, Senior Members Catchwords: Consent orders following agreement reached at conciliation meeting – agreement alleged to be as a result of duress – application to extend time to file notice of appeal refused |
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