NSW Civil and Administrative Tribunal (Consumer and Commercial Division) case law
Judgments from the NSW Civil and Administrative Tribunal (Consumer and Commercial Division) 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.
Res Judicata: Preventing Repeated Claims on Same Issue
The NSW Civil and Administrative Tribunal dismissed a claim brought by a consumer against a supplier of goods, applying the principle of res judicata. The claimant tried to raise the same issue that had already been decided in earlier proceedings.
Respondent's Set Aside Application Dismissed by NSW Civil and Administrative Tribunal
The NSW Civil and Administrative Tribunal dismissed the respondent's application to set aside a previous order, citing procedural failures and inadequate presentation of the case.
Unsuccessful Party Ordered to Pay Costs in Jurisdiction Dismissal Case
Tribunal Orders Builder to Compensate Owner for Conversion Defects
NSW Tribunal Extends Compulsory Strata Manager Appointment
Tribunal Invalidates Strata Resolutions and By-Laws
In this case, the Tribunal ruled in favour of an owner who challenged decisions made at a strata corporation's extraordinary general meeting (EGM). The motions to dissolve the a person and re-elect members were invalidated. Additionally, two special by-laws were declared invalid from their registration date.
Tenant Awarded Compensation for Invalid Termination Notice
NSW Tribunal Rejects Building Contract Deposit Refund Claims
In this case, the NSW Civil and Administrative Tribunal dismissed claims brought by individuals who sought refunds of deposits paid under preliminary agreements for building contracts. The Tribunal found that the applicants did not prove they were entitled to recover these payments as they failed to show compliance with contract terms or readiness to perform their obligations.
Claimant Wins Vehicle Rust Refund in NSW Civil and Administrative Tribunal
Tenant's Rent Reduction Claim Partially Allowed in NSW Civil and Administrative Tribunal
Costs Awarded Against Frivolous Tenancy Application
Tenant Entitled to Repairs of Common Property
Tribunal directs on bond claims for deceased tenants
NSW Tribunal Rejects Challenge to Strata Fund Payment
NSW Tribunal Rejects Application for Common Property Repairs
Tenant Wins Rent Reduction Due to Poor Water Quality and Appliance Issues
NSW Tribunal: Each Side Pays Own Legal Fees After Mixed Success
Each Party Bears Own Costs in NSW Civil and Administrative Tribunal Case
In this case, the NSW Civil and Administrative Tribunal ruled that each party should bear their own costs in the proceedings, as there were no special circumstances that warranted an award of costs.