McGinn v NSW Civil & Administrative Tribunal [2019] NSWSC 1696

Supreme Court New South Wales

Medium Neutral Citation: McGinn v NSW Civil & Administrative Tribunal [2019] NSWSC 1696 Hearing dates: 18 March 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following orders:

(1) The summons filed 23 April 2018 is dismissed.

(2) Any application for indemnity costs by the second defendant must be filed and served, together with written submissions and evidence, within 7 days of the publication of this judgment.

(3) If an application is received in accordance with (2) above, costs will be reserved and a program fixed to hear that application.

(4) In the absence of an application in accordance with (2) above, the plaintiff shall pay the costs of the second defendant of the proceedings as agreed or, in default, as assessed. Catchwords: ADMINISTRATIVE LAW – judicial review – prerogative and declaratory relief – s 69 of the Supreme Court Act 1970 (NSW) – whether Appeal Panel had jurisdiction to make orders in relation to rental bond when the bond was not lodged with Rental Bond Authority – ss 175, 187, and 188 of the Residential Tenancies Act 2010 (NSW) – grant of relief by way of prohibition, certiorari or declaration is discretionary – summons dismissed – orders Legislation Cited: Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Lazarus v Director of Public Prosecutions (NSW) [2015] NSWSC 426 McGinn v Barilla [2018] NSWCATAP 85 Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 Sophia McGinn v NSW Civil and Administrative Tribunal [2018] NSWSC 630 Category: Principal judgment Parties: Sophia McGinn (Plaintiff) NSW Civil and Administrative Tribunal (First Defendant) Pasquale Barilla (Second Defendant) Representation: Solicitors: Crown Solicitor's Office (First Defendant) Peter A Collins & Associates (Second Defendant) File Number(s): 2018/127488