203 Castlereagh St Pty Ltd v Skybloo Holdings Pty Ltd [2014] NSWCATAP 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: 203 Castlereagh St Pty Ltd v Skybloo Holdings Pty Ltd [2014] NSWCATAP 49 Hearing dates: 4 September 2014 Decision date: 11 September 2014 Jurisdiction: Appeal Panel Before: The Hon D Cowdroy QC, Principal Member Decision: 1.The application for a stay is dismissed. 2.The time is extended to 10 October 2014 to join the third party, if the lessee wishes to do so. 3.The matter is placed in the first available callover after 10 October 2014 for the determination of the appeal. 4.The hearing of the appeal is expedited. Catchwords: PRACTICE AND PROCEDURE - stay application - Civil and Administrative Tribunal (NSW) - whether denial of procedural fairness - application to reinstate lease - whether third party should be joined to proceedings - in the circumstances stay refused. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Kioa v West (1985) 159 CLR 550 Lineablu Pty Ltd v St George Sailing Club Ltd [2004] NSWSC 1199 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 SZTOV v Minister for Immigration and Boarder Protection [2014] FCA 942 Category: Interlocutory applications Parties: 203 Castlereagh St Pty Ltd (Appellant) Skybloo Holdings Pty Ltd (Respondent) Representation: The Retail Leases Doctor (Appellant) Osbornes Lawyers (Respondent) File Number(s): AP 14/0351 Decision under appeal Date of Decision: 2014-07-22 00:00:00 Before: K Rickards File Number(s): COM 14/36787