Steinbeck, Sonia and Steinbeck, Graeme v McDonald [2015] NSWCATAP 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Steinbeck, Sonia and Steinbeck, Graeme v McDonald [2015] NSWCATAP 90 Hearing dates: 18 March 2015 Date of orders: 20 May 2015 Decision date: 20 May 2015 Jurisdiction: Appeal Panel Before: A Britton, Principal Member K Rosser, Senior Member Decision: 1 Time to file the Notice of Appeal is extended to 9 January 2015. 2. Leave to appeal is refused. 3. The appeal is dismissed. 4. Order 5 of the decision under appeal is varied and in substitution, the order for possession is suspended until 28 days from the date of this decision. The balance of the decision under appeal is confirmed. Catchwords: ADMINISTRATIVE LAW – appeal from Consumer and Commercial Division of NCAT – extension of time to lodge the Notice of Appeal – whether question of law is raised – whether leave to appeal should be granted – whether decision under appeal was fair and equitable – whether decision under appeal was against the weight of evidence – whether significant new evidence has arisen

PROCEDURAL FAIRNESS – actual bias – whether Tribunal erred by disregarding certain evidence

STATUTORY INTERPRETATION – construction of Residential Tenancies Act 2010 (NSW) – meaning of word "may" Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil Liability Act 2002 (NSW) Interpretation Act 1987 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Collins v Urban [2014] NSWCATAP 17 Comcare v Heffernan [2011] FCAFC 131 Deputy Commissioner of Taxation (NSW) v Mutton (1987) 79 ALR 509 Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 Li v Minister for Immigration and Multicultural Affairs [2000] FCA 19; (2000) 96 FCR 125 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Texts Cited: Not applicable Category: Principal judgment Parties: Sonia Steinbeck and Graeme Steinbeck (Appellants) David McDonald (Respondent) Representation: Appellants (Sonia Steinbeck) Respondent (in person) File Number(s): AP 15/01245 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 19 December 2014 Before: P Hunter, General Member File Number(s): RT 14/42820