Boscolo v Consumer Trader and Tenancy Tribunal [2011] NSWSC 1628

It is not in the interests of justice to grant a stay where the tenancy agreement has expired, arrears remain unpaid, and the grounds of appeal lack substance or likelihood of success.

Parties: Plaintiff: Mario Sylvio Boscolo; First Defendant: Consumer Trader and Tenancy Tribunal; Second Defendant: Cheung Sing Lai; Third Defendant: Jenny Chow
Jurisdiction: Australia
Judgment Date: 07 December 2011
Procedural Posture: Interlocutory Application / Motion for Stay Pending Appeal
Outcome: Plaintiff's motion dismissed
Legal Topics: Stay of Orders, Procedural Fairness, Possession of Premises, Arrears of Rental Payments

Practice and Procedure Residential Tenancies Stay of Orders Procedural Fairness Possession of Premises Arrears of Rental Payments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3

Parties

Mario Sylvio Boscolo

Plaintiff

Consumer Trader and Tenancy Tribunal

First Defendant

Cheung Sing Lai

Second Defendant

Jenny Chow

Third Defendant

Procedural Posture

Interlocutory Application / Motion for Stay Pending Appeal

Legal Issues

1 Whether a stay of execution of the Tribunal's orders should be granted pending appeal
2 Whether there was denial of procedural fairness in Tribunal and Supreme Court proceedings

Ratio Decidendi

It is not in the interests of justice to grant a stay where the tenancy agreement has expired, arrears remain unpaid, and the grounds of appeal lack substance or likelihood of success.

Court Disposition

Plaintiff's motion dismissed

Orders

Plaintiff's motion filed 5/12/2011 dismissed.
Plaintiff to pay the defendant's costs, if any, of that dismissal.