The Owners – Strata Plan No 4159 v Wolff [2021] NSWCATAP 135

The Owners – Strata Plan No 4159 v Wolff [2021] NSWCATAP 135

A reasonable apprehension of bias by association or interest was not established in respect of all, or any assignable class, of Tribunal Members. The Tribunal properly applied the Ebner test and was correct in concluding that practical measures were available to avoid bias, such as appointing members without relevant association. No error was found in the exercise of discretion to refuse the application to transfer proceedings.

Jurisdiction
Australia
Judgment Date
14 May 2021
Procedural Posture
Civil Appeal / Appeal From Interlocutory Decision of Ncat, Application for Leave to Appeal, Determination of Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['apprehended Bias' 'transfer of Proceedings' 'disqualification of Tribunal Members']
['administrative Law' 'strata Law'] ['apprehended Bias' 'transfer of Proceedings' 'disqualification of Tribunal Members']

Case Brief

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Procedural Posture

Civil Appeal / Appeal From Interlocutory Decision of Ncat, Application for Leave to Appeal, Determination of Appeal

Legal Issues

  1. 1 ['Whether apprehended bias required transfer of proceedings from NCAT to District Court due to a Tribunal member acting as a witness and domestic partner of a party.' 'Whether the Tribunal erred in applying the test for apprehended bias.']

Ratio Decidendi

A reasonable apprehension of bias by association or interest was not established in respect of all, or any assignable class, of Tribunal Members. The Tribunal properly applied the Ebner test and was correct in concluding that practical measures were available to avoid bias, such as appointing members without relevant association. No error was found in the exercise of discretion to refuse the application to transfer proceedings.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']