Lina Socorro Obieta v Women's Housing Co Limited [2009] NSWDC 201

Lina Socorro Obieta v Women's Housing Co Limited [2009] NSWDC 201

The stay was refused because the Tribunal had filed a submitting appearance and would make no meaningful contribution even if restored as a party, and because in an appeal from the Tribunal it was neither necessary nor appropriate to join the Tribunal as decision-maker absent contrary statutory provision.

Jurisdiction
Australia
Judgment Date
10 July 2009
Procedural Posture
Civil Appeal to the District Court From the Consumer, Trader and Tenancy Tribunal; Application for Stay of Proceedings / Application for Stay Pending Appeal to the Court of Appeal From the Judicial Registrar's Order Removing a Party
Outcome
Application for stay refused.
Legal Topics
['stay of Proceedings' 'joinder of Tribunal as Party to Appeal' 'appeal From Consumer, Trader and Tenancy Tribunal' 'removal of Party']
['civil Law' 'tribunal Appeals'] ['stay of Proceedings' 'joinder of Tribunal as Party to Appeal' 'appeal From Consumer, Trader and Tenancy Tribunal' 'removal of Party']

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Procedural Posture

Civil Appeal to the District Court From the Consumer, Trader and Tenancy Tribunal; Application for Stay of Proceedings / Application for Stay Pending Appeal to the Court of Appeal From the Judicial Registrar's Order Removing a Party

Legal Issues

  1. 1 ["Whether further proceedings in the District Court appeal should be stayed pending Ms Obieta's appeal to the Court of Appeal from the Judicial Registrar's order removing the Consumer, Trader and Tenancy Tribunal New South Wales as a party." 'Whether the Consumer, Trader and Tenancy Tribunal New South Wales was a necessary or appropriate party to the District Court appeal from its decision.']

Ratio Decidendi

The stay was refused because the Tribunal had filed a submitting appearance and would make no meaningful contribution even if restored as a party, and because in an appeal from the Tribunal it was neither necessary nor appropriate to join the Tribunal as decision-maker absent contrary statutory provision.

Court Disposition

Application for stay refused.

Orders

  • ['The application for a stay is refused.']