Enter your email Address

LookUpStrata

Strata Information Leading to Open Discussion

advert Lannock strata finance
Australia's Top Property Blog Dedicated to Strata Living
  • Home
  • What is strata?
    • Strata Legislation – Rules and ByLaws
    • What is Strata?
    • Glossary of NSW Strata Terms and Jargon
    • Understand Strata Management with this Five-Minute Guide
    • Cracking the Strata Fees Code
    • Strata Finance
  • Strata Topics
    • Strata Information By State
      • New South Wales
      • Queensland
      • Victoria
      • Australian Capital Territory
      • South Australia
      • Tasmania
      • Western Australia
      • Northern Territory
    • Strata Information By Topic
      • By-Laws & Legislation
      • Smoking
      • Parking
      • Noise & Neighbours
      • Insurance
      • Pets
      • Your Levies
      • New Law Reform
      • Maintenance & Common Property
      • Committee Concerns
      • NBN & Telecommunications
      • Building Defects
      • Renting / Selling / Buying Property
      • Strata Managers
      • Building Managers & Caretakers
      • Strata Plan / Strata Inspection Report
      • Apartment Living Sustainability
    • Strata Webinars
      • NSW Strata Webinars
      • QLD Strata Webinars
      • VIC Strata Webinars
      • ACT Strata Webinars
      • SA Strata Webinars
      • WA Strata Webinars
    • Upcoming and FREE Strata Events
  • Blog
    • Newsletter Archives
  • The Strata Magazine
    • The NSW Strata Magazine
    • The QLD Strata Magazine
    • The VIC Strata Magazine
    • The WA Strata Magazine
  • Site Sponsors
  • About Us
    • Testimonials for LookUpStrata
  • Help
    • Ask A Strata Question
    • Q&As – about the LookUpStrata site
    • Sitemap
Home » Bylaws » Bylaws NSW » NSW: You Don’t Agree With An NCAT Decision? The Requirements Of An Appeal

NSW: You Don’t Agree With An NCAT Decision? The Requirements Of An Appeal

Published December 4, 2023 By Allison Benson, Kerin Benson Lawyers Leave a Comment Last Updated January 15, 2024

Share with your strata community

  • Share
  • LinkedIn
  • Email

This NSW article is about appealing an NCAT decision.

The Appeal Panel of the NSW Civil and Administrative Tribunal has made it very clear that not agreeing with a decision of the Tribunal does not give you an automatic right to appeal. An appeal to the Appeal Panel does not simply provide a losing party in the Tribunal below with the opportunity to run their case again. This is because there must be an error on a question of law or considerations to require leave to appeal being granted.

The principles for granting leave to appeal are clear with many Appeal Panel decisions referring to Collins v Urban [2014] NSWCATAP 17. A more helpful summary was given by the Court of Appeal in Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 where it states at 28 (citations omitted):

“Only if the decision is attended with sufficient doubt to warrant its reconsideration on appeal will leave be granted. Ordinarily, it is only appropriate to grant leave where there is an issue of principle, a question of general public importance, or an injustice which is reasonably clear, in the sense of going beyond what is merely arguably. It is well established that it is not sufficient to merely show that the trial judge was arguably wrong.”

Very simply and in plain English, this means that if the Tribunal did not make an error of law then to gain leave to appeal you must be able to hang your hat on an issue of principle, a question that is of importance (generally, that is, the answer will affect others), or that the injustice due to the decision is very, very clear.

GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE

In Consumer and Commercial division of the Tribunal, the requirements of s32 and clause 2(1) of Schedule 4 to Civil and Administrative Tribunal Act 2013 must also be made out. In summary, this means that there must have been a substantial miscarriage of justice on the basis that:

  • The decision under appeal was not fair and equitable
  • The decision under appeal was against the weight of evidence or
  • Significant new evidence has arisen that was not reasonably available at the time of the hearing for the decision under appeal

Not all decisions are appealable. If you disagree with a decision of the Tribunal, then you should consider seeking urgent legal advice to see if there has been an error of law or if you can reasonably argue that you have grounds for leave to appeal. Note the general rule for time to appeal is that it must be lodged within 28 days; however, with some types of matters, the time to lodge an appeal may be 14 or even 21 days, so you need to act quickly.

Allison Benson
Kerin Benson Lawyers
E: [email protected]
P: 02 4032 7990

This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.

This post appears in Strata News #675.

This article has been republished with permission from the author and first appeared on the Kerin Benson Lawyer website.

Have a question or something to add to the article? Leave a comment below.

Embed

Read next:

  • NSW: Q&A Defamation in Owners Corporations Communication
  • NSW: Q&A Which ByLaws Apply to Our Strata Scheme?

Visit our Strata By-Laws and Legislation OR NSW Strata Legislation pages.

Looking for strata information concerning your state? For state-specific strata information, take a look here.

Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.

After a free PDFof this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.

Share with your strata community

  • Share
  • LinkedIn
  • Email

About Allison Benson, Kerin Benson Lawyers

Allison is a strata lawyer who has provided general strata advice, acted in strata disputes (including building defect disputes) and worked with clients in preparing and enforcing by-laws and strata management statements, since 2008. From 2012 onwards, Allison has acted exclusively on behalf of owners corporations and lot owners in respect of both strata and community association disputes and building and construction disputes.

Allison has extensive experience in commercial litigation and dispute resolution, having represented clients in contractual claims, interpretation of by-laws and rules, Home Building Act claims and levy recovery claims at all levels of court proceedings, including in the Court of Appeal and in the former CTTT (now the NSW Civil and Administrative Tribunal known as NCAT). Allison’s knowledge across a variety of strata schemes matters enables her to advise owners corporations, lot owners and other interested parties on a range of issues and to represent their interests both informally and before the courts.

Allison is a member of the Australian College of Community Association Lawyers (ACCAL), the Newcastle Law Society and the Society of Construction Law Australia. She holds a Bachelor of Laws (Hons) from Macquarie University and a Bachelor of Business from the University of Newcastle.
Allison's LinkedIn Profile.
Allison is a regular contributor to LookUpStrata. You can take a look at Allison's articles here .

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search For Strata Articles

  • Advert Stratabox
  • StrataBox Advert
Subscribe Newsletter

TESTIMONIALS

"LookUpStrata should be compulsory reading for every member of a Body Corporate Committee. It provides the most understandable answers to all the common (and uncommon) questions that vex Body Corporates everywhere. Too often Committee members do not understand what Body Corporates are legally able to do and not do. LookUpStrata helps educate everybody living in a Body Corporate environment for free." John, Lot Owner

"It's the best and most professional body corporate information source a strata manager could have! Thanks to the whole team!" MQ, Strata Manager

"I like reading all the relevant articles on important issues on Strata living that the LookUpStrata Newsletter always effectively successfully covers"
Carole, Lot Owner

"Strata is so confusing and your newsletters and website are my go-to to get my questions answered. It has helped me out so many times and is a fabulous knowledge hub." Izzy, Lot Owner

Quick Login

Log In
Register Lost Password

Categories

  • Contact a Strata Specialist on the LookUpStrata Directory
  • Ask Us A Strata Question
  • New South Wales
  • Queensland
  • Victoria
  • Australian Capital Territory
  • South Australia
  • Tasmania
  • Western Australia
  • Northern Territory
  • ByLaws & Legislation
  • Smoking
  • Parking
  • Noise & Neighbours
  • Insurance
  • Pets
  • Levies
  • Law Reform
  • Maintenance & Common Property
  • Committee Concerns
  • NBN & Telecommunications
  • Building Defects
  • Renting / Selling / Buying
  • Strata Managers
  • Building Managers and Caretakers
  • Strata Reports / Plans
  • Sustainability

Recent Comments

  • Brian Taylor on NSW: Q&A Should a Free Strata Report be available at inspection?
  • Irene smith on QLD: Q&A Who Can Access Common Property?
  • Fris on QLD: Q&As Keys, fobs, swipe cards, security access and issues
  • Nikki Jovicic on VIC: Expert Panel To Review Owners Corporation Laws
  • Nikki Jovicic on QLD: Removing a terrible Caretaker – Terminating Management Rights. VIDEO
  • Josephine Tedesco on VIC: Expert Panel To Review Owners Corporation Laws
  • Auriel June on NAT: Understanding concrete cancer in strata buildings
  • Pauline Saunders on WA: Strata Manager Qualification Requirements Changes and Compliance
  • Barry Beveridge on QLD: Removing a terrible Caretaker – Terminating Management Rights. VIDEO
  • Barry Ewing on QLD: Owner Improvements

WEBSITE INFORMATION

  • Privacy Policy
  • Terms and Conditions of Use
  • Terms of Use for Comments and Community Discussion
  • Advertising Disclosure
  • Sitemap

ASK A STRATA QUESTION

You’ve Found Strata Help!

Ask a strata, owners corporation or body corporate question and we will do our best to source a useful response from our network of strata professionals around Australia. Submit your question here.

Disclaimer

The opinions and/or views expressed on the LookUpStrata site, including, but not limited to, our blogs and comments, represent the thoughts of individual bloggers and our online communities, and not those necessarily of LookUpStrata Pty Ltd. In all instances, information should not be taken as advice and independent legal advice should be consulted.

CONTACT US VIA EMAIL

Copyright © 2025 · LookUpStrata ® Pty Ltd · All rights reserved