Vitality Works Australia Pty Ltd v Yelda [2021] NSWCA 4

Vitality Works Australia Pty Ltd v Yelda [2021] NSWCA 4

The applicant failed to demonstrate that a stay was necessary; the balance of convenience did not favour granting a stay, and no sufficient reason was shown for the Court to interfere with NCAT's ordinary functioning. Incurring costs alone was not so adverse as to warrant interlocutory intervention.

Parties
Applicant: Vitality Works Australia Pty Ltd; First Respondent: Reem Yelda; Second Respondent: NSW Civil and Administrative Tribunal
Jurisdiction
Australia
Judgment Date
02 February 2021
Procedural Posture
Civil / Interlocutory Application for Stay of Proceedings
Outcome
Application for stay dismissed
Legal Topics
Stay of Proceedings, Practice and Procedure, Injunction, Costs
Civil Procedure Stay of Proceedings Practice and Procedure Injunction Costs

Case Brief

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Parties

Vitality Works Australia Pty Ltd

Applicant

Reem Yelda

First Respondent

NSW Civil and Administrative Tribunal

Second Respondent

Procedural Posture

Civil / Interlocutory Application for Stay of Proceedings

Legal Issues

  1. 1 Whether a stay should be granted of Tribunal damages hearing pending determination of appeal

Ratio Decidendi

The applicant failed to demonstrate that a stay was necessary; the balance of convenience did not favour granting a stay, and no sufficient reason was shown for the Court to interfere with NCAT's ordinary functioning. Incurring costs alone was not so adverse as to warrant interlocutory intervention.

Court Disposition

Application for stay dismissed

Orders

  • The Notice of Motion filed and dated 25 January 2021 by Vitality Works Australia Pty Ltd is dismissed.
  • Vitality Works Australia Pty Ltd to pay Ms Yelda's costs of the Notice of Motion.