Galbraith v Pacific Link Housing [2015] NSWSC 653

Galbraith v Pacific Link Housing [2015] NSWSC 653

Due to pending appeal and absent strenuous opposition, and subject to the requirement of prosecuting the appeal with due diligence, the court extends the stay of eviction until further order.

Parties
Plaintiff: Karen-Anne Galbraith; First Defendant: Pacific Link Housing; Second Defendant: NCAT Appeals
Jurisdiction
Australia
Judgment Date
27 May 2015
Procedural Posture
Stay of Eviction; Appeal From Tribunal Decision / Interlocutory Application for Stay; Case Management Orders
Outcome
Extension of stay granted; case management orders made
Legal Topics
Stay of Eviction, Appeal From NCAT, Case Management
Civil Procedure Stay of Eviction Appeal From NCAT Case Management

Case Brief

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Parties

Karen-Anne Galbraith

Plaintiff

Pacific Link Housing

First Defendant

NCAT Appeals

Second Defendant

Procedural Posture

Stay of Eviction; Appeal From Tribunal Decision / Interlocutory Application for Stay; Case Management Orders

Legal Issues

  1. 1 Whether to grant extension of stay of NCAT eviction order pending appeal

Ratio Decidendi

Due to pending appeal and absent strenuous opposition, and subject to the requirement of prosecuting the appeal with due diligence, the court extends the stay of eviction until further order.

Court Disposition

Extension of stay granted; case management orders made

Orders

  • Until further order, extension of the stay of the order requiring the plaintiff to vacate the premises at 7 Yvonne Close, Green Point.
  • Plaintiff to file and serve an amended summons by 10 June 2015.