McNamara (McGrath) v Consumer Trader and Tenancy Tribunal

McNamara (McGrath) appealed to the High Court of Australia from a decision of the Supreme Court of New South Wales, which had dismissed her appeal from a decision of the Consumer Trader and Tenancy Tribunal. The dispute concerned the Tribunal's refusal to grant leave to appeal against a decision made by a single member of the Tribunal concerning a residential tenancy dispute.

The High Court was required to determine whether the Supreme Court had erred in law by upholding the Tribunal's refusal to grant leave to appeal. Specifically, the Court considered whether the Supreme Court had correctly applied the principles governing the grant of leave to appeal from a tribunal decision, particularly in circumstances where the applicant alleged a denial of procedural fairness.

The High Court held that the Supreme Court had erred in its assessment of the appeal. The Court reiterated that a refusal to grant leave to appeal by a tribunal should only be upheld if there is no arguable case of error. In this instance, the applicant had raised a substantial question regarding whether she had been afforded procedural fairness by the Tribunal member, as she had not been given an adequate opportunity to present her case. The High Court found that the Supreme Court had failed to properly consider this aspect of the applicant's argument.

The High Court ordered that the appeal be allowed, the decision of the Supreme Court be set aside, and the matter be remitted to the Supreme Court to be heard and determined according to law.