Nu-Stone Building Pty Ltd v McInerney [2023] NSWSC 940

Supreme Court New South Wales

Medium Neutral Citation: Nu-Stone Building Pty Ltd v McInerney [2023] NSWSC 940 Hearing dates: 21 June 2023 Date of orders: 11 August 2023 Decision date: 11 August 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) The plaintiff has leave to appeal. (2) The appeal is allowed. (3) The decision of the Appeal Panel made on 14 November 2022 is set aside. (4) Pursuant to s 83(3)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), the matter is remitted to the Appeal Panel of the Tribunal to be heard and decided again. (5) The defendants are to pay the plaintiff's costs of the appeal. Catchwords: APPEALS – leave to appeal from decisions of NSW Civil and Administrative Tribunal ("NCAT") Appeal Panel to Supreme Court – whether Appeal Panel gave adequate reasons – statutory obligation on Appeal Panel to provide the reasoning process that led it to the conclusions in made in its written reasons – review of written reasons as a whole – leave to appeal granted – appeal allowed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 27(1), 34(1)(c), 62, 78, 80, 81, 83 Home Building Act 1989 (NSW), ss 42A, 48K, 48L Administrative Decisions Review Act 1997 (NSW), s 63 Residential Tenancies Act 2010 (NSW) Cases Cited: Attorney General for New South Wales v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254 Brandy v Human Rights and Equal Opportunity Commission (1985) 183 CLR 245; [1995] HCA 10 Concoran v Far [2019] NSWSC 1284 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378; 96 ATR 875 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Jones v First Tier Tribunal [2013] UKSC 19; [2013] 2 AC 48 Lloyd v Thornbury [2019] NSWCA 154 Mir Bros Unit Constructions Pty Ltd v Roads and Traffic Authority of New South Wales [2006] NSWCA 314 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Nu-Stone Building Pty Ltd v McInerney [2022] NSWCATAP 285 NuStone v McInerney [2022] NSWCATCD 23 Scoway Pty Limited v Faxon Pty Limited [2004] FCA 249 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 4 Welsh v Carnival Plc trading as Carnival Australia [2014] NSWCA 430 Wright v Australian Broadcasting Commission [1977] 1 NSWLR 697 Category: Principal judgment Parties: Nu-Stone Building Pty Ltd (Plaintiff)