Griffin v Ingram [2014] NSWCATAP 5

Griffin v Ingram [2014] NSWCATAP 5

As the landlords’ application was made under ss 84 and 187 of the Residential Tenancies Act 2010 (NSW) in its post-1 January 2014 form and not under cl 9 of Schedule 1 to the Civil and Administrative Tribunal Act 2013 (NSW), the resulting decision was an 'internally appealable decision' and the Appeal Panel of NCAT had jurisdiction to hear the appeal and consider the stay application.

Jurisdiction
Australia
Judgment Date
10 March 2014
Procedural Posture
Residential Tenancy Appeal / Stay Application Pending Substantive Appeal Before Appeal Panel of NCAT
Outcome
Stay granted (pending appeal); orders of 29 January 2014, except Order 4, stayed.
Legal Topics
['transitional Provisions' 'jurisdiction of NCAT on Appeal' 'residential Tenancy Termination and Possession Orders' 'stay of Orders Pending Appeal']
['civil Procedure' 'tenancy Law'] ['transitional Provisions' 'jurisdiction of NCAT on Appeal' 'residential Tenancy Termination and Possession Orders' 'stay of Orders Pending Appeal']

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Procedural Posture

Residential Tenancy Appeal / Stay Application Pending Substantive Appeal Before Appeal Panel of NCAT

Legal Issues

  1. 1 ['Whether the Appeal Panel of NCAT had jurisdiction to determine the appeal given transitional legislative provisions and the nature of the application at first instance' 'Appropriate circumstances for granting a stay of possession orders pending appeal']

Ratio Decidendi

As the landlords’ application was made under ss 84 and 187 of the Residential Tenancies Act 2010 (NSW) in its post-1 January 2014 form and not under cl 9 of Schedule 1 to the Civil and Administrative Tribunal Act 2013 (NSW), the resulting decision was an 'internally appealable decision' and the Appeal Panel of NCAT had jurisdiction to hear the appeal and consider the stay application.

Court Disposition

Stay granted (pending appeal); orders of 29 January 2014, except Order 4, stayed.

Orders

  • ['Leave granted for parties to be represented at hearing and appeal.' 'Orders of 29 January 2014, except Order 4, are stayed until further order.']