Introduction
  • Appeals from a NCAT Decision involving Building disputes are normally dealt with by way of on internal appeal to the NCAT Appeal Panel;
  • Appeals need to be filed within twenty-eight [28] days of the original decision;
  • The Process is relatively quick, with a hearing normally within three [3] – four [4] months of an Appeal being filed;
  • The Appeal will normally be heard by two [2] Senior Members of NCAT;
  • The venue of the Appeal is normally at John Maddison Tower, Level 10, 89 Goulburn Street, Sydney.
Grounds of Appeal:
  • The Grounds of Appeal need to be drafted carefully by your Lawyer;
  • An Appellant has a right to appeal if there was an error of Law;
  • If there is no error of law leave will need to be obtained to Appeal from the Appeal Panel;
  • Leave will be granted if the Appellant establishes that the Appellant has suffered a substantial miscarriage of justice because (relevantly) the decision of the Tribunal under Appeal was not fair and equitable or was against the weight of evidence [refer to Clause 12 of Schedule 4 of the NSW Civil & Administrative Tribunal Act 2013];
  • Even if the Appellant is found to meet the threshold requirements in Schedule 4 noted above the Tribunal can still refuse to exercise its discretion to grant leave to the Appellant. The relevant decision in regards to this point is Collins v Urban [2014] NSW CATAP 17.
Obtaining Legal Advice:
  • It is important you obtain legal advice before you lodge an Appeal and ensure that your Lawyer is an experienced Building Lawyer.
  • Our Firm can assist you in such matters. You should contact Peter Adams, Atul Singh or Cameron Spanner at our Penrith Office.
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