Di Liristi v Matautia Developments Pty Ltd [2021] NSWCA 163

Di Liristi v Matautia Developments Pty Ltd [2021] NSWCA 163

Although the appeal lacks strong prospects, it is not unarguable; failure to grant a stay may render the appeal nugatory due to imminent execution and possession orders; while the Court cannot stay the transfer already implemented, an anti-suit injunction is appropriate to restrain further proceedings in NCAT, conditioned on undertakings and the provision of security.

Jurisdiction
Australia
Judgment Date
27 July 2021
Procedural Posture
Civil Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Stay granted subject to undertakings and provision of security; anti-suit injunction issued; expedited appeal ordered; costs in the appeal.
Legal Topics
['stay Pending Appeal' 'residential Tenancies Act Jurisdiction' 'monetary Judgment Enforcement' 'ncat Proceedings' 'anti Suit Injunctions']
['civil Procedure' 'tenancy Law'] ['stay Pending Appeal' 'residential Tenancies Act Jurisdiction' 'monetary Judgment Enforcement' 'ncat Proceedings' 'anti Suit Injunctions']

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Procedural Posture

Civil Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay should be granted pending appeal of a monetary judgment and a transfer order to NCAT' 'Whether s 119 of the Residential Tenancies Act 2010 (NSW) deprives the Supreme Court of jurisdiction or provides a defence' 'Whether the Court of Appeal can stay or restrain proceedings in NCAT after transfer' 'Whether failure to grant a stay would render the appeal nugatory']

Ratio Decidendi

Although the appeal lacks strong prospects, it is not unarguable; failure to grant a stay may render the appeal nugatory due to imminent execution and possession orders; while the Court cannot stay the transfer already implemented, an anti-suit injunction is appropriate to restrain further proceedings in NCAT, conditioned on undertakings and the provision of security.

Court Disposition

Stay granted subject to undertakings and provision of security; anti-suit injunction issued; expedited appeal ordered; costs in the appeal.

Orders

  • ['Execution on and proceedings under orders 1 and 2 made on 23 June 2021 in the Common Law Division stayed until the hearing of the appeal or further order' 'Respondent restrained until hearing or earlier further order from prosecuting any application for an order for possession in NCAT, including file RT21/29690'...