McAdam v McAdam [2024] NSWCATAP 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McAdam v McAdam [2024] NSWCATAP 90 Hearing dates: 26 April 2024 Date of orders: 20 May 2024 Decision date: 20 May 2024 Jurisdiction: Appeal Panel Before: Dr J Lucy, Senior Member P H Molony, Senior Member Decision: (1) Time for the appellant to lodge the notice of appeal is extended to 17 February 2024. (2) A hearing of the appeal is dispensed with. (3) The appeal is allowed. (4) The orders made by the Tribunal on 17 January 2024 are quashed and the following order is made in substitution: Application 2023/00379630 is dismissed for want of jurisdiction: it requires an exercise of federal jurisdiction which is beyond NCAT's power. (5) In the event a party wishes to apply for costs, we make the following orders. (a) Any costs application (of no more than 5 pages) must be lodged in the Appeal Division of the Tribunal and served on the costs respondent within 21 days of the date of these orders either attaching or referring to any documents relied upon in support of the application. (b) The costs respondent will have 21 days after the date it receives the application referred to in the preceding paragraph to lodge in the Appeal Division of the Tribunal and serve on the costs applicant its submissions (of no more than 5 pages) in response to the costs applicant's costs application, such submissions either attaching or referring to any documents relied upon. (c) The costs applicant will have 14 days after the date it receives the cost respondent's submissions to lodge in the Appeal Division of the Tribunal and serve on the costs respondent its submissions, if any, in reply, such submissions either attaching or referring to any documents relied upon. (d) The parties' submissions should address the question of whether the Appeal Panel should determine the issue of costs without a hearing, based on the materials and submissions provided in accordance with s 50 of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: APPEALS – NCAT made orders in residential tenancy dispute between residents of different States – NCAT had no power to do so as it involved an exercise of federal jurisdiction exercisable by courts of a State - Judiciary Act 1903 (C'th) – NCAT is not a court of NSW – appeal allowed. Legislation Cited: Civil and Administrative Tribunal Act (NSW), s 80 Civil and Administrative Tribunal Rules 2014 (NSW); r. 24(4)(c) and 29(b) Commonwealth of Australia Constitution Act (The Constitution) (Cth), s 75 Judiciary Act 1903 (C'th), s 38 and 39 Justice Legislation Amendment Act (No 2) 2017 No 44 (NSW) Justice Legislation Amendment Act (No 3) 2018 No 87 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Attorney General for New South Wales v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254 Bailey v Owners Corporation of Strata Plan 62666 [2011] NSWCA 293 Burns v Corbett [2018] HCA 15 Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 Griffin v Ingram [2014] NSWCATAP 5 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 NSW Land and Housing Corporation v Diab [2014] NSWCATAP 8 Texts Cited: None Category: Principal judgment Parties: Greogory John McAdam (appellant) Catherine McAdam (first respondent) Annette Kearton (second respondent) Representation: Appellant (Self-Represented) First respondent (Self-Represented) Second respondent (Self-Represented) File Number(s): 2024/00060803 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: NA Date of Decision: 17 January 2024 Before: N M Kennedy, General Member File Number(s): 2023/00379630