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.