McDonald v McDonald [2016] NSWCATAP 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McDonald v McDonald [2016] NSWCATAP 252 Hearing dates: 7 November 2016 Date of orders: 28 November 2016 Decision date: 28 November 2016 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member S Thode, Senior Member Decision: (1) Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013, the time for the filing of the Notice of Appeal is extended to 28 August 2016. (2) Appeal Dismissed (3) Stay granted 8 September 2016 of the orders made on 23 March 2016 is lifted. Catchwords: CIVIL AND ADMINSITRATIVE TRIBUNAL: consent orders, whether jurisdiction to make those orders; RESIDENTIAL TENANCIES: consent orders terminating tenancy, application to set aside consent orders, whether residential tenancy agreement entered into; APPEAL: nature of appeal, new evidence, no evidence taken below as orders made by consent; Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Civil and Administrative Rules (NSW) 2014 Residential Tenancies Act (NSW) 2010 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Prenc v Stojcevski [2016] NSWCATAP 244 Roney v NSW Land and Housing Corporation [2015] NSWCATAP 269 Yuen v Thom [2016] NSWCATAP 243 Category: Principal judgment Parties: Sini Moa McDonald (Appellant) Denis McDonald (Respondent) Representation: Solicitor: Sini Moa McDonald (Appellant in person) Young & Middleton (Respondent) File Number(s): AP 16/38885 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 23 March 2016 Before: C Campbell, Member File Number(s): RT 16/12059