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Civil procedure

Ge v King

The court allowed the appellants to add one new appeal ground about workers compensation insurance, but refused a second ground about inadequate reasons.

  • Amendment of pleadings
  • New ground on appeal
  • Leave to amend
  • Prejudice
  • Costs reserved
  • Amendment-of-pleadings
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Tenancy

Zhu v Elrem Property No 2 Pty Limited

The Appeal Panel found no special circumstances for costs in a tenancy appeal and ordered each party to bear its own costs, dismissing both costs applications.

  • Special circumstances
  • Appeal costs
  • Residential tenancy arrears
  • Appeal-costs
  • Residential-tenancy
  • Special-circumstances
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Tenancy

Bele-Verdy v The North Coast Community Housing Company Ltd

Bele-Verdy v The North Coast Community Housing Company Ltd [2025] NSWCATAP 13

The Appeal Panel refused leave and dismissed an appeal about a warrant for possession, holding any procedural unfairness was not material and no error was shown.

  • Residential tenancies
  • Warrants for possession
  • Procedural fairness
  • Leave to appeal
  • Interlocutory decisions
  • Procedural-fairness
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Tenancy

Emmerson v Mission Australia - Mid North Coast

Emmerson v Mission Australia - Mid North Coast [2024] NSWCATAP 256

Appeal Panel allowed an appeal against termination of a social housing tenancy, finding the Tribunal gave inadequate reasons and remitting the matter for rehearing.

  • Termination of social housing tenancy
  • Adequacy of reasons
  • Procedural fairness
  • Extension of time to appeal
  • Remittal for redetermination
  • Social-housing-tenancy
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Tenancy

Jayne v Walker

Jayne v Walker [2024] NSWCATAP 257

The Appeal Panel refused an extension of time, dismissed the appeal for no identified error of law, and varied the possession date to 23 January 2025.

  • Extension of time for appeal
  • Termination of long-term tenancy
  • Error of law
  • Suspension of possession order
  • Extension-of-time
  • Tenancy
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Tenancy

Lavoise v Bertsch

Lavoise v Bertsch [2024] NSWCATAP 238

The Appeal Panel refused an extension of time, rejected procedural fairness complaints, and dismissed a residential tenancy bond appeal for $7,000.

  • Appeals - extension of time
  • Bonds - repayment to tenant
  • Procedural fairness
  • Appeals-extension-of-time
  • Residential-tenancy-bonds
  • Procedural-fairness
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Tenancy

Mitchell v Gong

Mitchell v Gong [2024] NSWCATAP 219

The Appeal Panel granted a short conditional stay of a possession order pending appeal, relying on hardship arising from the appellant’s seriously ill child.

  • Stay of possession order
  • Hardship
  • Residential tenancies act
  • Possession proceedings
  • Stay-of-proceedings
  • Possession-order
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Tenancy

Chandar v Gupta

Chandar v Gupta [2024] NSWCATAP 111

The Appeal Panel refused leave and dismissed a tenants’ appeal about $15,000 compensation for water damage caused by flooding from their tenancy premises.

  • Residential tenancy agreement
  • Compensation for breach
  • Appeal process
  • Damages
  • Residential-tenancy
  • Compensation
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Tenancy

Bush v Menzies

Bush v Menzies [2024] NSWCATCD 43

NCAT ordered specific repairs, permitted safety rails with conditions, and awarded $510.92 compensation, dismissing the remaining tenancy claims.

  • Repairs under residential tenancies act
  • Landlord's duty to repair
  • Tenant's right to install safety fixtures
  • Compensation for non-economic loss
  • Excessive rent claims
  • Tribunal jurisdiction
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Tenancy

Gardiner v NSW Land and Housing Corporation

Gardiner v NSW Land and Housing Corporation [2024] NSWCATAP 80

The Appeal Panel refused leave to appeal and dismissed an appeal against termination of a social housing tenancy for intimidating conduct during conciliation.

  • Termination of social housing tenancy
  • Section 92 residential tenancies act 2010 (nsw)
  • Statutory discretion to terminate
  • Mandatory considerations under s154e
  • Appeal requirements under ncat act
  • Procedural fairness
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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.