Maxwell-Smith v Consumer Claims Tribunal [1999] NSWCA 391

Maxwell-Smith v Consumer Claims Tribunal [1999] NSWCA 391

The application for a stay was refused as there were no arguable grounds of appeal due to the provisions of the Consumer Claims Tribunal Act 1987, and in the exercise of discretion, the application was dismissed with costs.

Parties
Appellant: Eugene Maxwell-Smith; Respondent: Consumer Claims Tribunal; Respondent: S & E Hall Pty Limited
Jurisdiction
Australia
Judgment Date
18 October 1999
Procedural Posture
Application for Stay / Court of Appeal Judgment
Outcome
application dismissed with costs
Legal Topics
Application for Stay, Appeal, Judicial Review
Civil Procedure Application for Stay Appeal Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Eugene Maxwell-Smith

Appellant

Consumer Claims Tribunal

Respondent

S & E Hall Pty Limited

Respondent

Procedural Posture

Application for Stay / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a stay of enforcement should be granted pending special leave application to High Court
  2. 2 Whether there are arguable grounds of appeal under Consumer Claims Tribunal Act 1987

Ratio Decidendi

The application for a stay was refused as there were no arguable grounds of appeal due to the provisions of the Consumer Claims Tribunal Act 1987, and in the exercise of discretion, the application was dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • Application for stay dismissed with costs.
  • Orders from the Supreme Court remain in effect.