Dokas v Gallagher [2024] NSWCA 223

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dokas v Gallagher [2024] NSWCA 223 Hearing dates: 2 September 2024 Date of orders: 2 September 2024 Decision date: 02 September 2024 Before: Basten AJA Decision: (1) Dismiss the applicants' notice of motion filed on 16 August 2024 seeking a stay of the orders made by NCAT. (2) Direct that the summons seeking leave to appeal be heard on the issue of leave only and listed for hearing on Monday, 23 September 2024. (3) Direct that: (a) the respondent file and serve any evidence and written submissions on which he seeks to rely by 5pm on Thursday, 12 September 2024; (b) the applicants file and serve any submissions in reply by 5pm on Wednesday, 18 September 2024. (4) Order that the applicants pay the costs of the notice of motion seeking a stay of the orders of NCAT. Catchwords: CIVIL PROCEDURE – appeal from decision of Appeal Panel of NCAT – application for leave to appeal pending – stay of issue of writ of possession sought pending determination of appeal – writ issued and executed before stay sought – stay no longer available Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 14, 83 Uniform Civil Procedure Rules 2005 (NSW), r 36.15 Category: Procedural rulings Parties: Tobias Lazarus Dokas (First Applicant) (unrepresented) Lazarakis Dokas (Second Applicant) (unrepresented) David Gallagher (Respondent) Representation: Counsel: S Foda (Respondent)