Pfeffer v Driftwood Constructions Pty Ltd [2017] NSWCATAP 126

Pfeffer v Driftwood Constructions Pty Ltd [2017] NSWCATAP 126

The application for a stay was refused as the appellants had not demonstrated that it was an appropriate case for the exercise of discretion under s 43 of the NCAT Act; there was insufficient evidence that the appeal would be rendered futile, or that there was real risk of inability to recover monies if appeal succeeded; the respondent was entitled to the benefit of the money order pending appeal.

Parties
First Appellant: Leanne Pfeffer; Second Appellant: Michael Pfeffer; Respondent: Driftwood Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
21 March 2017
Procedural Posture
Appeal / Application for Stay of Decision Pending Appeal
Outcome
Application for stay refused
Legal Topics
Stay of Decision Under Appeal, Effectiveness of Appeal, Money Orders
Practice and Procedure Stay of Decision Under Appeal Effectiveness of Appeal Money Orders

Case Brief

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Parties

Leanne Pfeffer

First Appellant

Michael Pfeffer

Second Appellant

Driftwood Constructions Pty Ltd

Respondent

Procedural Posture

Appeal / Application for Stay of Decision Pending Appeal

Legal Issues

  1. 1 Whether a stay of the decision under appeal should be granted
  2. 2 Whether the appeal would be rendered futile without a stay

Ratio Decidendi

The application for a stay was refused as the appellants had not demonstrated that it was an appropriate case for the exercise of discretion under s 43 of the NCAT Act; there was insufficient evidence that the appeal would be rendered futile, or that there was real risk of inability to recover monies if appeal succeeded; the respondent was entitled to the benefit of the money order pending appeal.

Court Disposition

Application for stay refused

Orders

  • The application for a stay of the decision under appeal is refused.