Piccione v Follari [2018] NSWCATAP 87

Piccione v Follari [2018] NSWCATAP 87

In view of the arguable nature of the appeal, the balance of convenience, minimal prejudice to the respondents due to the imminent appeal hearing, and to secure the effectiveness of the appeal, it is appropriate to further extend the stay of the Tribunal's eviction and possession orders until the Appeal Panel determines the appeal.

Jurisdiction
Australia
Judgment Date
12 April 2018
Procedural Posture
Internal Appeal / Application for Stay Pending Appeal
Outcome
Stay granted pending final determination of appeal
Legal Topics
['stay of Proceedings' 'tenancy Termination' 'appeal Procedure']
['administrative Law' 'residential Tenancies'] ['stay of Proceedings' 'tenancy Termination' 'appeal Procedure']

Case Brief

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Procedural Posture

Internal Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 ["Whether a stay of the Tribunal's orders pending appeal should be granted" 'Proper construction of sections 83(2) and 85 of the Residential Tenancies Act 2010 (NSW) regarding timing of application for termination order' 'Whether Tribunal has power under s 41 of the Civil and Administrative Tribunal Act 2013 to extend time prior to satisfaction of statutory requirements' 'Characterisation of arrangement as a periodic residential tenancy']

Ratio Decidendi

In view of the arguable nature of the appeal, the balance of convenience, minimal prejudice to the respondents due to the imminent appeal hearing, and to secure the effectiveness of the appeal, it is appropriate to further extend the stay of the Tribunal's eviction and possession orders until the Appeal Panel determines the appeal.

Court Disposition

Stay granted pending final determination of appeal

Orders

  • ["The operation of order 4, made on 13 March 2018, in matter number RT 17/51459, is further extended to the date on which the Appeal Panel determines the appellant's appeal."]