Moriarty v Moriarty [2023] NSWCATAP 51

Moriarty v Moriarty [2023] NSWCATAP 51

Given the existence of at least an arguable case on appeal over whether a federal matter is genuinely raised and considering the balance of convenience, a stay of the operation of orders 3 and 5 should be granted pending appeal so as not to render the appeal nugatory.

Jurisdiction
Australia
Judgment Date
21 February 2023
Procedural Posture
Appeal / Interlocutory Application for Stay
Outcome
Stayed in part pending appeal
Legal Topics
['stay of Proceedings' 'jurisdiction' 'federal Jurisdiction' 'residential Tenancies']
['civil Procedure' 'administrative Law' 'tenancy'] ['stay of Proceedings' 'jurisdiction' 'federal Jurisdiction' 'residential Tenancies']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Stay

Legal Issues

  1. 1 ['Whether a stay should be granted pending appeal' 'Whether the Tribunal has jurisdiction given claims raise federal matters']

Ratio Decidendi

Given the existence of at least an arguable case on appeal over whether a federal matter is genuinely raised and considering the balance of convenience, a stay of the operation of orders 3 and 5 should be granted pending appeal so as not to render the appeal nugatory.

Court Disposition

Stayed in part pending appeal

Orders

  • ['In respect of the decision made on 16 January 2023 in matter number RT 22/37381 the operation of orders 3 & 5 is stayed until further order of the Tribunal or finalisation of the appeal, whichever is the earlier in time.']