Abdel-Messih v Azzi [2017] NSWCATAP 171

Abdel-Messih v Azzi [2017] NSWCATAP 171

The stay was refused because there was no evidence that Mr Azzi would not repay the money if the appeal succeeded, the appeal was not shown to have any real prospects of success, unsupported assertions about the parties' financial positions did not establish that the balance of convenience favoured a stay, and the interests of justice required Mr Azzi to receive the outstanding amount while the premises remained let and vacant possession had not been given.

Jurisdiction
Australia
Judgment Date
15 August 2017
Procedural Posture
Residential Tenancy Appeal / Application for Stay of Tribunal Order Before the Appeal Panel
Outcome
Application for stay refused; time to pay extended.
Legal Topics
['stay of Decision' 'occupation Fee' 'sub Letting Without Consent' 'vacant Possession' 'prospects of Success' 'balance of Convenience' 'interests of Justice']
['residential Tenancy' 'civil Procedure'] ['stay of Decision' 'occupation Fee' 'sub Letting Without Consent' 'vacant Possession' 'prospects of Success' 'balance of Convenience' 'interests of Justice']

Case Brief

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Procedural Posture

Residential Tenancy Appeal / Application for Stay of Tribunal Order Before the Appeal Panel

Legal Issues

  1. 1 ['Whether a stay was necessary to secure the effectiveness of the appeal.' 'Whether the appeal had any real prospects of success.' 'Whether the competing interests of the parties and balance of convenience favoured a stay.' 'Whether the interests of justice required a stay of the order to pay the landlord $5,850.']

Ratio Decidendi

The stay was refused because there was no evidence that Mr Azzi would not repay the money if the appeal succeeded, the appeal was not shown to have any real prospects of success, unsupported assertions about the parties' financial positions did not establish that the balance of convenience favoured a stay, and the interests of justice required Mr Azzi to receive the outstanding amount while the premises remained let and vacant possession had not been given.

Court Disposition

Application for stay refused; time to pay extended.

Orders

  • ["Mr Abdel-Messih's application for a stay of the Tribunal's order that he pay Mr Azzi $5,850 on or before 16 August 2017 is refused." 'The time for Mr Abdel-Messih to pay is extended to 24 August 2017.']