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Australia Case Law

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Administrative law

HHR v Commissioner of Police, NSW Police Force

The Tribunal refused an extension of time and refused reinstatement of a privacy review application dismissed for non-appearance, finding minimal prospects of success.

  • Extension of time
  • Reinstatement of proceedings
  • Failure to appear
  • Nsw police force exemptions
  • Administrative and educative functions
  • Use and disclosure of personal and health information
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Residential tenancies

Reznik v NSW Land and Housing Corporation

Appeal Panel held NCAT failed to engage with key CCTV and oral evidence about continuing driveway noise, and remitted the quiet enjoyment claim.

  • Quiet enjoyment
  • Noise disturbance
  • Failure to consider evidence
  • Adequacy of reasons
  • Leave to appeal and questions of law
  • Residential-tenancy
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Administrative law

Zaman Greenacre Pty Ltd v Antoun (No 2)

The Tribunal made further directions in a contempt referral matter, dispensing with a hearing and deferring final determination pending the outcome of the appeal.

  • Procedural fairness
  • Dispensing with hearing
  • Stay of proceedings
  • Appeal pending
  • Contempt referral order
  • Service and notice
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Administrative law

Rizk v Commissioner of Police, NSW Police Force

The Tribunal held it could hear Rizk’s firearms prohibition order review despite no timely internal review, refusing dismissal and making no stay order.

  • Late internal review application
  • Jurisdiction of ncat
  • Dismissal of proceedings
  • Stay of proceedings
  • Firearms prohibition order
  • Federal jurisdiction argument
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Civil procedure

Allchin v Wycombe Services Pty Ltd

The Appeal Panel dismissed an application to revoke the guardian ad litem appointment of Bill Hoyles, finding no disqualifying conflict of interest or apprehended bias.

  • Guardian ad litem
  • Conflict of interest
  • Revocation of appointment
  • Apprehended bias
  • Guardian-ad-litem
  • Conflict-of-interest
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Administrative law

Islam v Commissioner of Police, NSW Police Force

The Tribunal dismissed an administrative review of a firearms prohibition order, finding the applicant was a disqualified person because of two prior apprehended violence orders.

  • Jurisdiction
  • Dismissal for want of substance
  • Disqualified person
  • Firearms prohibition order
  • Apprehended violence order
  • Firearms-licensing
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Administrative law

YQR v YQS

The Appeal Panel refused an application for costs after the appeal was withdrawn, finding no special circumstances under s 60 of the NCAT Act.

  • Special circumstances for costs
  • Internal appeal
  • Meaning of proceedings in s 60 ncat act
  • Dispensing with hearing on the papers
  • Tribunal-costs
  • Special-circumstances
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Costs

Innovative Builders and Engineers Pty Ltd v Shah No 2

The Appeal Panel dispensed with a hearing, ordered the appealed proceedings’ costs to be costs in the cause on rehearing, and ordered the appeal costs to be paid or assessed.

  • Appeal costs
  • Self-represented parties
  • Legal representation
  • Disbursements
  • Dispensing with hearing
  • Referral to consumer and commercial division
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Administrative law

FSO v Secretary, Department of Education (No 2)

The Appeal Panel dismissed the respondent’s costs application, finding no special circumstances to depart from the usual rule that each party bears their own costs.

  • Special circumstances for costs
  • Self-represented appellant
  • Appeal dismissed/no extension of time
  • Section 60 ncat act
  • Tribunal-costs
  • Special-circumstances-costs
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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.