McAdam v McAdam [2024] NSWCATAP 90

McAdam v McAdam [2024] NSWCATAP 90

NCAT lacked jurisdiction to determine a tenancy dispute between residents of different States under the Residential Tenancies Act 2010 (NSW). The Tribunal's order was invalid as it exercised federal jurisdiction which NCAT cannot do. Further, the extension of time for appeal should be granted, as strict compliance would cause injustice and the appeal was fairly arguable on jurisdictional grounds.

Parties
Appellant: Greogory John McAdam; First Respondent: Catherine McAdam; Second Respondent: Annette Kearton
Jurisdiction
Australia
Judgment Date
20 May 2024
Procedural Posture
Appeal / Appeal Determination
Outcome
appeal allowed; Tribunal orders quashed; proceedings dismissed for want of jurisdiction; extension of time for appeal granted
Legal Topics
Federal Jurisdiction, Jurisdictional Error, Extension of Time, Residential Tenancy Dispute
Administrative Law Residential Tenancies Federal Jurisdiction Jurisdictional Error Extension of Time Residential Tenancy Dispute

Case Brief

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Parties

Greogory John McAdam

Appellant

Catherine McAdam

First Respondent

Annette Kearton

Second Respondent

Procedural Posture

Appeal / Appeal Determination

Legal Issues

  1. 1 Whether NCAT has jurisdiction to determine disputes between residents of different States under the Residential Tenancies Act 2010 (NSW)
  2. 2 Whether an extension of time should be granted for lodging the appeal

Ratio Decidendi

NCAT lacked jurisdiction to determine a tenancy dispute between residents of different States under the Residential Tenancies Act 2010 (NSW). The Tribunal's order was invalid as it exercised federal jurisdiction which NCAT cannot do. Further, the extension of time for appeal should be granted, as strict compliance would cause injustice and the appeal was fairly arguable on jurisdictional grounds.

Court Disposition

appeal allowed; Tribunal orders quashed; proceedings dismissed for want of jurisdiction; extension of time for appeal granted

Orders

  • Time for the appellant to lodge the notice of appeal is extended to 17 February 2024.
  • A hearing of the appeal is dispensed with.