GIBBONS v TOSH [1991] NSWCA 100

GIBBONS v TOSH [1991] NSWCA 100

The application for a stay should be refused because the appeal has only slim prospects of success and the public interest in disciplinary proceedings requires protecting the public; therefore, a stay is not justified.

Parties
Claimant: Andrew George Stanley Gibbons; Opponent: Tosh
Jurisdiction
Australia
Judgment Date
17 December 1991
Procedural Posture
Application for Stay / Application in Court of Appeal Against District Court Order Pending Appeal
Outcome
Notice of motion for a stay dismissed with costs.
Legal Topics
Disciplinary Proceedings, Real Estate Agent Disqualification, Trust Account Obligations, Stay of Orders
Administrative Law Professional Discipline Disciplinary Proceedings Real Estate Agent Disqualification Trust Account Obligations Stay of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Andrew George Stanley Gibbons

Claimant

Tosh

Opponent

Procedural Posture

Application for Stay / Application in Court of Appeal Against District Court Order Pending Appeal

Legal Issues

  1. 1 Whether a stay of the District Court order disqualifying the claimant from holding a licence for five years should be granted pending appeal
  2. 2 Whether funds received by a real estate agent as a stakeholder must be treated as trust funds as required by s 36 of the Auctioneers & Agents Act 1941

Ratio Decidendi

The application for a stay should be refused because the appeal has only slim prospects of success and the public interest in disciplinary proceedings requires protecting the public; therefore, a stay is not justified.

Court Disposition

Notice of motion for a stay dismissed with costs.

Orders

  • Notice of motion dismissed.
  • Applicant to pay costs.