Quader v Bell [2016] NSWCATAP 116

Quader v Bell [2016] NSWCATAP 116

The appellant did not show sufficient merit in his appeal, particularly on the retaliation and timeliness grounds, and was not seeking to remain in the premises indefinitely. As refusal to extend the stay would not prejudice the substantive right to appeal and the respondent would be further prejudiced by delay, the balance of convenience favoured refusal. Extension of time to vacate partially mollifies appellant's hardship.

Jurisdiction
Australia
Judgment Date
21 April 2016
Procedural Posture
Internal Appeal / Application for Extension of Stay Order
Outcome
Application for extension of stay refused; variation of some procedural orders granted.
Legal Topics
['stay of Proceedings' 'extension of Stay Order' 'possession of Premises' 'appeals in Tribunal' 'termination of Tenancy']
['tenancy' 'administrative Law' 'civil Procedure'] ['stay of Proceedings' 'extension of Stay Order' 'possession of Premises' 'appeals in Tribunal' 'termination of Tenancy']

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Procedural Posture

Internal Appeal / Application for Extension of Stay Order

Legal Issues

  1. 1 ['Whether extension of the stay order should be granted pending appeal' 'Whether Tribunal orders rendered the appeal nugatory' 'Whether appellant demonstrated appropriate grounds for stay under Tribunal Act']

Ratio Decidendi

The appellant did not show sufficient merit in his appeal, particularly on the retaliation and timeliness grounds, and was not seeking to remain in the premises indefinitely. As refusal to extend the stay would not prejudice the substantive right to appeal and the respondent would be further prejudiced by delay, the balance of convenience favoured refusal. Extension of time to vacate partially mollifies appellant's hardship.

Court Disposition

Application for extension of stay refused; variation of some procedural orders granted.

Orders

  • ["The Appellant's application for an extension of the stay order made on 12 April 2016 is refused." 'Order 3 of the Tribunal made on 30 March 2016 in file no RT 16/11710 is varied by deleting 18 April 2016 and inserting 13 May 2016.' "Orders 2 and 3 of the Tribunal made on 30 March 2016 in file no RT 16/12569 are...