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NCAT decisions this week: builders and building defects, house rentals and bonds, other civil disputes (31 October to 6 November 2026)

7 NCAT decisions from 31 October to 6 November 2026, in plain English.

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Topics: NCAT, Weekly decisions

7 decisions published by the NSW Civil and Administrative Tribunal between 31 October to 6 November 2026, summarised in plain English. Each one links to the full published decision.

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Builders, renovations and building defects

  • Builder’s appeal fails: order to repay $130,516 paid before any work began stands (NCAT, 2026) $130,516
    A home owner paid a builder $130,516 so the builder could obtain home warranty insurance, with that money to be credited against the contract price, then validly terminated the contract before any building work started. The Tribunal had ordered the builder to repay the full $130,516, and on appeal the Appeal Panel refused leave to appeal and dismissed the appeal.
  • Owner’s building appeal refused: occupation certificate supported habitability finding (NCAT, 2026)
    An apartment owner lost a home building claim against the developer, including a claim for $21,442.69 said to flow from the unit being uninhabitable, then appealed on the basis that he was not allowed to put his case properly and that the decision went against the evidence. The NCAT Appeal Panel refused leave to appeal and dismissed the appeal, finding no procedural unfairness and no error in the tribunal relying on an occupation certificate.
  • Scaffolding refund order cut from $19,965 to $6,000 and sent back for a fresh hearing (NCAT, 2026) $6,000
    A tribunal member ordered a builder to refund $19,965 for perimeter scaffolding after finding the builder had conceded it was never erected, but the hearing transcript showed the builder had said the opposite. The Appeal Panel allowed the builder's appeal, reduced the amount payable to $6,000, and sent the refund claim back for a fresh hearing before a different member.

House rentals, bonds and tenancy

  • Appeal panel sets aside $4,800 mould and break-fee award and sends the claims back for rehearing (NCAT, 2026) $4,800
    A tenant won $4,800 at NCAT for mould and for the break fee she paid when she left early, and the landlord's claim for carpet and drawer damage was dismissed. The Appeal Panel set both results aside, mainly because the three-month time limit for tenancy claims had not been dealt with and the reasons did not explain key findings, and sent those claims back to be heard again.
  • Tenant’s appeal against consent orders ending her tenancy refused and dismissed (NCAT, 2026)
    A tenant and her landlord each had applications on foot at NCAT, one about repairs and one about termination, and at a conciliation and directions listing they agreed to orders ending the tenancy on 30 October 2026 and wiping the rent and water claims. The tenant later appealed, saying she had been denied a hearing, that the Tribunal had no power to make the orders, and that she had consented by mistake; the Appeal Panel extended the time to appeal but refused leave and dismissed the appeal.
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Other civil disputes

  • Police costs bid refused: losing an NCAT appeal is not enough to shift legal costs
    A self-represented man lost his appeal against a decision refusing him more time to challenge a police decision about access to government information, and the Commissioner of Police then asked for $7,500 in legal costs. The NCAT Appeal Panel dismissed the costs application, finding none of the matters raised amounted to the "special circumstances" the law requires before costs can be awarded.
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Strata and body corporate disputes

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