Macdonald v Macdonald [2018] NSWSC 64

Macdonald v Macdonald [2018] NSWSC 64

There was no evidence of non-compliance with Procedural Direction No 3, and the plaintiff was afforded procedural fairness; thus, there was no sufficiently arguable ground to grant leave to appeal from the Appeal Panel's decision.

Jurisdiction
Australia
Judgment Date
06 February 2018
Procedural Posture
Application for Leave to Appeal / Decision on Application for Leave to Appeal From Appeal Panel of NCAT
Outcome
Leave to appeal refused with costs
Legal Topics
['appeal From Tribunal Decision' 'procedural Directions Compliance' 'consent Orders' 'residential Tenancy Agreement']
['administrative Law' 'civil Procedure' 'tenancy Law'] ['appeal From Tribunal Decision' 'procedural Directions Compliance' 'consent Orders' 'residential Tenancy Agreement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Decision on Application for Leave to Appeal From Appeal Panel of NCAT

Legal Issues

  1. 1 ['Whether leave should be granted to appeal from Appeal Panel of NCAT' 'Whether there was non-compliance with Procedural Direction No 3' 'Whether there was procedural unfairness in NCAT conciliation or consent orders']

Ratio Decidendi

There was no evidence of non-compliance with Procedural Direction No 3, and the plaintiff was afforded procedural fairness; thus, there was no sufficiently arguable ground to grant leave to appeal from the Appeal Panel's decision.

Court Disposition

Leave to appeal refused with costs

Orders

  • ['Refuse leave to the plaintiff to appeal against the decision of the Appeal Panel made on 28 November 2016.' "Unless an application for a different order is made in writing to my Associate within seven days hereof, order the plaintiff to pay the defendant's costs of the proceedings." 'Grant liberty to the party in...