McDonald v McDonald [2016] NSWCATAP 252

McDonald v McDonald [2016] NSWCATAP 252

The Appeal Panel extended time because the delay was not so long as to preclude an extension, the unrepresented appellant had raised jurisdictional and procedural fairness issues requiring evidence, and no prejudice was asserted by the respondent. On the merits, the Contract for Rent evidenced a residential tenancy agreement within s 13 of the Residential Tenancies Act 2010 (NSW); the appellant did not prove forgery, and non-payment of rent did not invalidate the agreement. The appellant also failed to establish any basis for setting aside the agreement embodied in the Conciliation Agreement Form: she accepted signing it and accepted that the conciliator and Tribunal member explained that...

Jurisdiction
Australia
Judgment Date
28 November 2016
Procedural Posture
Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Decision From Consent Orders Made by the Consumer and Commercial Division
Outcome
Time to appeal extended; appeal dismissed; stay lifted.
Legal Topics
['consent Orders' 'jurisdiction to Terminate Residential Tenancy Agreement' 'extension of Time to Appeal' 'fresh Evidence on Appeal' 'setting Aside Consent Orders' 'procedural Fairness']
['civil and Administrative Law' 'residential Tenancies' 'appeals'] ['consent Orders' 'jurisdiction to Terminate Residential Tenancy Agreement' 'extension of Time to Appeal' 'fresh Evidence on Appeal' 'setting Aside Consent Orders' 'procedural Fairness']

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Procedural Posture

Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Decision From Consent Orders Made by the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether time for filing the Notice of Appeal should be extended under s 41 of the Civil and Administrative Tribunal Act (NSW) 2013.' "Whether there was a residential tenancy agreement between the parties so as to enliven the Tribunal's jurisdiction to make termination and possession orders." "Whether the appellant's agreement to the consent orders was vitiated by misleading conduct, duress, undue influence, mistake, unconscionable dealing or absence of true consent." 'Whether the Appeal Panel should receive fresh evidence on the jurisdictional issues.']

Ratio Decidendi

The Appeal Panel extended time because the delay was not so long as to preclude an extension, the unrepresented appellant had raised jurisdictional and procedural fairness issues requiring evidence, and no prejudice was asserted by the respondent. On the merits, the Contract for Rent evidenced a residential tenancy agreement within s 13 of the Residential Tenancies Act 2010 (NSW); the appellant did not prove forgery, and non-payment of rent did not invalidate the agreement. The appellant also failed to establish any basis for setting aside the agreement embodied in the Conciliation Agreement Form: she accepted signing it and accepted that the conciliator and Tribunal member explained that...

Court Disposition

Time to appeal extended; appeal dismissed; stay lifted.

Orders

  • ['Pursuant to s 41 of the Civil and Administrative Tribunal Act, 2013 (NSW) extend the time to appeal until 28 August 2016.' 'Appeal dismissed.' 'The stay granted on 8 September 2016 of the orders made on 23 March 2016 is lifted.']