NSW Civil and Administrative Tribunal (Appeal Panel) case law
Judgments from the NSW Civil and Administrative Tribunal (Appeal Panel) with a plain-English summary, the legal holding and frequently asked questions. The original content is public and official; the summaries and analysis are produced by VadeLab's technology.
Tenant's Appeal for Rent Relief and Lease Extension Dismissed by NSW Civil and Administrative Tribunal
Consumer Entitled to Refund for Breached Contract - NSW Civil and Administrative Tribunal
Appeal Dismissed: Procedural Fairness Upheld in NSW Civil Proceedings
Legal Costs in Pre-Litigation Mediation Not Recoverable
Appeal Dismissed: Contract Performance Upheld in NSW Civil and Administrative Tribunal
The NSW Civil and Administrative Tribunal dismissed an appeal challenging the formation and performance of a contract for website development services. The Tribunal found that the respondent had fulfilled its contractual obligations.
Privacy Breach Claim Rejected Due to Public Domain Status
The NSW Civil and Administrative Tribunal dismissed an appeal claiming a privacy breach. The Tribunal ruled that the information in question was already in the public domain and therefore not subject to privacy protections under the PPIP Act.
Privacy Appeal Allowed: Summons Set Aside Due to Lack of Legitimate Forensic Purpose
The NSW Civil and Administrative Tribunal allowed an appeal and set aside a summons issued to a potential witness. The Tribunal found that the summons lacked a legitimate forensic purpose because it was unclear how the witness's testimony would help resolve the issues in the case. This decision relates to privacy and public access rights under specific acts.
Tribunal Refuses Appeal and Extends Restoration Deadlines
Application to Reinstatement Appeal Refused by NSW Civil and Administrative Tribunal
In this case, the NSW Civil and Administrative Tribunal refused an application to reinstate appeal proceedings. The refusal was based on the applicants' failure to appear and the fact that the application was filed out of time.
Tenant's Appeal Against Rent Arrears Dismissed
The NSW Civil and Administrative Tribunal dismissed a tenant's appeal against rent arrears, ruling that it cannot review how rent is calculated under the Residential Tenancies Act 2010 (NSW).
Appeal Allowed: Statutory Warranties and Jurisdiction
Victimisation Claim Upheld Against Employer - NSW Civil and Administrative Tribunal
Tenant's Appeal to Set Aside Social Housing Termination Due to Illegal Activities Denied
Costs Order Set Aside in Appeal: NSW Civil and Administrative Tribunal
In this appeal, the NSW Civil and Administrative Tribunal set aside the original costs order and remanded the issue back for reconsideration due to errors in the initial ruling. The decision was based on the Civil and Administrative Tribunal Act 2013 (NSW) and the Civil and Administrative Tribunal Rules 2014 (NSW).
Builder Must Rectify Non-Compliant Deck Construction
A builder appealed a decision to remove and reinstall a non-compliant deck according to specifications. The NSW Civil and Administrative Tribunal dismissed the appeal, upholding the original order.
Tribunal Upholds Order Against Body Corporate
The NSW Civil and Administrative Tribunal dismissed an appeal by a body corporate against an order requiring payment to a resident. The Tribunal found it had the authority to make orders under s 106(5) of the Strata Schemes Management Act 2015 (NSW) as the loss suffered was reasonably foreseeable.
Tenant Loses Appeal for Costs After Successful Tenancy Appeal
The NSW Civil and Administrative Tribunal ruled that a tenant who successfully appealed a termination order was not entitled to costs. The Tribunal found that there were no special circumstances to justify a different costs order.
Tenant's Consent to Terminate Tenancy Invalid Due to Undisclosed Bankruptcy
Tenant Entitled to Fair Market Rent Review and Licence Fee Refund After Fire Damage
The Tribunal ruled that a tenant is entitled to a fair market rent review and a refund of licence fees if the premises are unusable due to damage. This decision was made in the context of a retail lease and was based on the Retail Leases Act 1994 (NSW).
