Steward v McKay [2018] NSWCATAP 288

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Steward v McKay [2018] NSWCATAP 288 Hearing dates: 21 November 2018 Date of orders: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member D Charles, Senior Member Decision: (1) Application to extend the time for filing the notice of appeal refused. (2) Appeal otherwise dismissed. (3) The respondent to file and serve submissions as to costs by 14 December 2018. (4) The appellant to file and serve submissions in response by 7 January 2019. Catchwords: APPEAL – claim by one co-tenant against other co-tenants for return of bond – in circumstances where bond already returned to landlord with consent of tenants Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33 McKenzie v McKenzie [1971] P 33; [1970] 3 WLR 472; [1970] 3 All ER 1034 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Lisa Steward (Appellant) Christy McKay (First Respondent) Jaime Anderson (Second Respondent) Pucheng Liu (Third Respondent) Representation: Counsel: C Murphy (Appellant)