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Australia Case Law

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Contract

Ahmed v Phase Projects Pty Ltd

The Appeal Panel dismissed Farah Ahmed’s appeal and refused leave, upholding the Tribunal’s refusal of a refund, most damages claims, and CAD/copyright relief.

  • Breach of preliminary agreement
  • Leave to appeal
  • Weight of evidence
  • Causation and quantum
  • Fair and equitable orders
  • Cad files and copyright licence
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Building and construction law

Pearsall v Baxco Homes Pty Ltd t/as Baxco Homes

Auf die Berufung der Hauseigentümer gegen die Entscheidung zur Baufehler- und Zertifikatsfrage wurde keine Leave gewährt; die Berufung wurde abgewiesen.

  • Procedural fairness
  • Self-represented litigants
  • Leave to appeal
  • Weight of evidence
  • Fresh evidence
  • Statutory warranties
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Building and construction

OPES Lifestyle Homes Pty Ltd v KMA Concrete Constructions Pty Ltd

Appeal Panel refused leave to appeal and dismissed OPES’s appeal, holding the alleged contract variation was sufficiently certain and the new points could not be run for the first time.

  • Contract variation
  • Certainty of terms
  • Consideration
  • Intention to create legal relations
  • Scope of appeal on question of law
  • Leave to appeal
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Leases and tenancies

Plesko v Murphy

Plesko v Murphy [2024] NSWCATAP 266

Appeal Panel refused leave to appeal in a tenancy damage dispute, rejecting procedural fairness, weight of evidence, and new evidence arguments.

  • Damages to premises
  • Compensation claim
  • Rent reduction claim
  • Procedural fairness
  • Weight of evidence
  • Appeal leave
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Tribunal procedure

Wilcock v Intense Concrete Constructions Pty Ltd

Wilcock v Intense Concrete Constructions Pty Ltd [2024] NSWCATAP 230

The Appeal Panel refused leave to appeal and dismissed an appeal concerning a $9,900 tribunal order, finding no basis to revisit the evidence or admit fresh evidence.

  • Leave to appeal
  • Weight of evidence
  • New evidence
  • Procedural fairness
  • Leave-to-appeal
  • Weight-of-evidence
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Residential tenancy

Nguyen v Shakil

Nguyen v Shakil [2024] NSWCATAP 229

The Appeal Panel refused leave to appeal and dismissed a landlord’s challenge to NCAT bond orders in a residential tenancy dispute.

  • Bond claims
  • Leave to appeal
  • Weight of evidence
  • Fairness (procedural)
  • Residential-tenancy
  • Bond-claims
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Guardianship law

YJY v YJX

YJY v YJX [2024] NSWCATAP 179

Appeal Panel dismissed an appeal against a guardianship order and refused leave to appeal, holding the Public Guardian was properly appointed and the impugned findings were supported by evidence.

  • Statutory construction
  • Evidence
  • Appointment of guardian
  • Leave to appeal
  • Weight of evidence
  • Guardianship-law
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Administrative law

EVD19 v Minister for Immigration, Citizenship and Multicultural Affairs

EVD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1084

The Federal Court dismissed a migration appeal by a Sri Lankan Tamil man seeking protection, finding no jurisdictional error in the Authority’s treatment of his claims.

  • Judicial review
  • Protection visa
  • Jurisdictional error
  • Weight of evidence
  • Country information
  • Fast track review
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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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Building and construction

Rigby v Oxenford

Rigby v Oxenford [2023] NSWCATAP 79

The Appeal Panel extended time to appeal but refused leave and dismissed the builder’s internal appeal concerning defective building works and a $20,000 damages order.

  • Appeal
  • Procedural fairness
  • Extension of time
  • Statutory warranties
  • Weight of evidence
  • Appeals
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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.