Macdonald v Macdonald [2018] NSWSC 64

Supreme Court New South Wales

Medium Neutral Citation: Macdonald v Macdonald [2018] NSWSC 64 Hearing dates: 1 February 2018 Decision date: 06 February 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse leave to the plaintiff to appeal against the decision of the Appeal Panel made on 28 November 2016.

(2) 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.

(3) Grant liberty to the party in whose favour a costs order is made (whether by default or following an application under (2) above) to make an application for a gross sum costs order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), such application to be made in writing within seven days of a costs order becoming operative or within such time as directed by further order. Catchwords: ADMINISTRATIVE LAW – appeal from Appeal Panel of Civil and Administrative Tribunal of NSW – alleged failure to comply with Procedural Direction – non-compliance not established – no procedural unfairness – leave refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 26, 83 Civil Procedure Act 2005 (NSW) s 98(4) Residential Tenancies Act 2010 (NSW) ss 85, 187 Cases Cited: Lee v Imad [2017] NSWCATAP 128 McDonald v McDonald [2016] NSWCATAP 252 Texts Cited: Consumer and Commercial Division Procedural Direction No 3 Category: Principal judgment Parties: Sini Moa Macdonald (Plaintiff) Denis Halding Macdonald (Defendant) Representation: Counsel: K Qoro (Plaintiff) L Steer (Defendant)