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Australia Case Law

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Residential tenancies

Ullah v Halabi

The Tribunal declared the standard occupancy agreement was not a residential tenancy agreement and dismissed the rest of the application, finding the applicant boarded or lodged.

  • Whether a standard occupancy agreement is a residential tenancy agreement
  • Whether the occupant boarded or lodged
  • Jurisdiction under the residential tenancies act 2010 (nsw)
  • Residential-tenancy
  • Boarding-houses
  • Jurisdiction
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Civil procedure

Parry-Husbands v Roffe (No 2)

Parry-Husbands v Roffe (No 2) [2024] NSWCATCD 16

The Tribunal ordered no costs on a successful transfer application to the District Court, with transfer costs left to follow the cause in the transferred proceedings.

  • Costs
  • Transfer of proceedings
  • Calderbank offer
  • Transfer-of-proceedings
  • Calderbank-offer
  • Ncat
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Civil

Shamoun v Dbouk

Shamoun v Dbouk [2023] NSWCATAP 319

The Appeal Panel granted an extension of time but refused leave and dismissed the appeal, finding no discernible error of law in the Tribunal’s decision.

  • Internal appeal
  • Leave to appeal
  • Extension of time
  • Rent arrears
  • Compensation claim
  • Internal-appeal
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Costs

The Owners – Strata Plan No 89044 v Dreizi Constructions Pty Ltd

The Owners – Strata Plan No 89044 v Dreizi Constructions Pty Ltd [2022] NSWCATCD 147

The Tribunal held that, although the matter resolved by consent orders, both parties had acted reasonably and compromise—not capitulation—meant each bore its own costs.

  • Consent orders
  • Costs discretion
  • Settlement without hearing on merits
  • Statutory warranties
  • Costs
  • Consent-orders
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Strata title

The Owners - Strata Plan No. 56587 v White

The Tribunal ordered a strata lot owner to remove two dogs kept without approval, finding the dogs breached the by-law and caused nuisance by barking and smell.

  • By-laws
  • Keeping of animals
  • Removal of animal
  • Nuisance
  • Noise and odour interference
  • Strata-title
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Building and construction

Kapeller v BH Australia Pty Ltd

The Tribunal dispensed with a hearing and found the owners validly terminated the home building contract after the builder ceased work without justification.

  • Repudiation
  • Termination of contract
  • Due diligence
  • Suspension of works
  • Home building contract
  • Costs
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Residential tenancy

Knezevic v KIrby

Knezevic v KIrby [2017] NSWCATAP 190

Appeal Panel partly allowed a tenancy appeal about utility charges, restoring the gas bill but leaving the water and electricity refund order largely intact.

  • Tenant liability for utilities
  • Orders for payment of utilities
  • Separate metering
  • Application of statutory terms
  • Residential-tenancy
  • Utility-charges
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Home building

Kay v 3D Design & Build Pty Ltd

The Tribunal extended time for a renewal application, found several work order items incomplete, and ordered 3D Design & Build Pty Ltd to pay $29,609.40.

  • Renewal of proceedings
  • Work order compliance
  • Money order
  • Costs
  • Renewal-of-proceedings
  • Work-order-compliance
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Building and construction

Channell v Graham

The Tribunal held the agreement was for interior decoration plus project management services, not a building contract. The building claim was dismissed; costs were left open.

  • Building claim jurisdiction
  • Contract formation
  • Residential building work
  • Interior decoration and project management services
  • Implied statutory warranties
  • Overcharging/refund
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Building and construction

Qi Y Ling and Bing Y Lin v Anil Beri

The Tribunal dismissed a home building claim for want of jurisdiction, finding the works were completed by the end of 2003 and the claim was out of time.

  • Home building warranties
  • Jurisdiction
  • Limitation period
  • Date of completion of building works
  • Home-building-warranties
  • Limitation-period
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.