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| NCAT Appeal Decisions Digest October 2015 Decisions
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The NCAT Appeal Decisions Digest is a regular newsletter providing 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 October 2015. Each case title is hyperlinked to the full decision available on NSW Caselaw. |
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FX v The Public Guardian [2015] NSWCATAP 215
Guardianship Division - Guardianship Orders
Judgment of: M SCHYVENS, Deputy President; S HIGGINS, Principal Member, S JOHNSTON, General Member Catchwords: APPEAL – requested review of guardianship – self-represented appellant – leave to appeal refused |
| Radcliffe v Tile Rescue Pty Ltd [2015] NSWCATAP 216
Consumer & Commercial Division - Home Building
Judgment of: Dr J RENWICK SC; K ROSSER, Senior Members Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Appeal Panel – no question of principle – leave to appeal refused |
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Wagg v Farthing [2015] NSWCATAP 217
Consumer & Commercial Division - Home Building
Judgment of: O SHUB, Principal Member; K ROSSER, Senior Member Catchwords: Appeal, Error of Law, Substantial Miscarriage of Justice, Against Weight of Evidence, Cost Plus Contract, Termination of Contract, Expert Evidence, Guillotine Order |
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PTM Corporate Advisory Pty Ltd v Temple [2015] NSWCATAP 218
Consumer & Commercial Division - Tenancy
Judgment of: N HENNESSY LCM, Deputy President; D GOLDSTEIN, Senior Member Catchwords: CONSENT ORDERS – appeal out of time – length and reason for delay – merits of appeal - alleged misrepresentation by landlord to tenants that if they signed terms of settlement terminating the tenancy, the landlord would negotiate in good faith in relation to the continuation of the tenancy agreement - whether terms of agreement on which consent orders were based are invalid - – misrepresentations as to future conduct –leave to appeal out of time refused |
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BND v NSW Trustee & Guardian [2015] NSWCATAP 219
Administrative & Equal Opportunity Division - Administrative Review
Judgment of: A/Judge K P O'CONNOR AM, Deputy President Appeals; S MONTGOMERY, Senior MemberCatchwords: ADMINISTRATIVE REVIEW – Decision of NSW Trustee and Guardian to refuse request of some family members to challenge protected person’s will – affirmed by Tribunal – appeal – sixteen grounds of appeal – two categories of possible questions of law - adequacy of reasons – procedural fairness – no error – whether to grant leave to consider grounds as ‘other grounds’ – refused. Appeal dismissed |
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Beyond 2000 Investments Pty Ltd v Ben Boyd Real Estate Pty Ltd [2015] NSWCATAP 220
Consumer & Commercial Division - Commercial
Judgment of: D PATTEN, Principal Member; R TITTERTON, Senior Member Catchwords: APPEAL ALLOWED – question of law – whether the Tribunal correct to find no jurisdiction because s 36 of the Property Stock and Business Agents Act 2002 had not been complied with CIVIL AND ADMINISTRATIVE TRIBUNAL – costs – special circumstances – no question of principle |
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Smeaton v Valerius [2015] NSWCATAP 223
Consumer & Commercial Division - Home Building
Judgment of: P WASS SC; T SIMON, Senior Members Catchwords: Costs, submissions prior to making a decision, fair and equitable, against the weight of evidence, insufficient reasons, procedural fairness, error of law |
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Bhandari v Laming [2015] NSWCATAP 224
Consumer & Commercial Division - Tenancy
Judgment of: J REDFERN, Principal Member; D GOLDSTEIN, Senior Member Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) – residential tenancy dispute – residential premises fit for habitation – nature of obligation – defects outside control of the landlord – whether breach – mitigation of loss |
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Sahade v Owners SP No 62022 [2015] NSWCATAP 225
Consumer & Commercial Division - Strata
Judgment of: M HARROWELL, Principal Member; L ROBBERDS QC, Senior Member Catchwords: Costs - Special circumstances, matters for consideration, relevance of previous and future proceedings |
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Alexander James Pty Ltd v Pozetu Pty Ltd [2015] NSWCATAP 228
Consumer & Commercial Division - Commercial
Judgment of: F MARKS ADCJ, Principal Member; S THODE, Senior Member Catchwords: Retail lease - option for renewal exercised – held no option lease created- equitable lease must be amenable to specific performance - held no equitable lease – tenancy determined by giving one month’s notice – duty of fidelity not applicable-no compensation payable by lessee and guarantors-appeal allowed |
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Patullo v EPK Kitchens Pty Ltd [2015] NSWCATAP 230
Consumer & Commercial Division - Home Building
Judgment of: A BRITTON, Principal Member; K ROSSER, Senior Member Catchwords: APPEAL — appeal from Consumer and Commercial Division of NCAT — whether question of law is raised — construction of a contract — repudiation of contact — assessment of damages |
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Kurmond Homes Pty Ltd v Zaknic [2015] NSWCATAP 231
Consumer & Commercial Division - Home Building
Judgment of: D PATTEN, Principal Member; T SIMON, Senior Member Catchwords: Procedural fairness, practical completion, decision not fair and equitable, extension of time, against the weight of evidence, residential home building |
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BKW V Department of Family and Community Services [2015] NSWCATAP 232
Administrative & Equal Opportunity Division - Community Services
Judgment of: A/Judge K P O'CONNOR AM Deputy President Appeals; Dr J LUCY, Senior Member Catchwords: ADMINISTRATIVE REVIEW – Community Services Review Jurisdiction – Practice and Procedure – Late Review Application – Refusal of extension of time –Interlocutory appeal – Leave granted - Relevant Provisions – Relevant Considerations – Appeal allowed – No utility in further consideration of matter – Review application dismissed, Community Services (Complaints, Reviews and Monitoring Act) 1993, s 29(3) |
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Thompson v Chapman [2015] NSWCATAP 233
Consumer & Commercial Division - Home Building
Judgment of: A BRITTON, Principal Member; K ROSSER, Senior Member Catchwords: APPEAL — assessment of quantum meruit |
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