Supreme Court New South Wales Medium Neutral Citation: Galbraith v Pacific Link Housing [2015] NSWSC 653 Hearing dates: 25 and 27 May 2015 Date of orders: 27 May 2015 Decision date: 27 May 2015 Jurisdiction: Common Law Before: Hamill J Decision: See paragraph 7 Catchwords: CIVIL - stay of eviction - appeal to Supreme Court from decision of New South Wales Civil and Administrative Tribunal (NCAT) - no question of principle Legislation Cited: ss 82 to 83 of the Civil and Administrative Tribunal Act 2013 Category: Procedural and other rulings Parties: Karen-Anne Galbraith (P) Pacific Link Housing (1D) NCAT Appeals (2D) Representation: Counsel: Dr G O'Shea (P) A Hourigan (1D) Solicitors: File Number(s): 2015/155921 Ex Tempore Judgment 1. HIS HONOUR: This case came before me at 5.30 or 6pm on Monday evening 25 May 2015. Ms Galbraith sought, amongst other things, a stay of an order by which she was to be evicted which arose as a result of proceedings that had been brought by the defendant in the New South Wales Civil and Administrative Tribunal or NCAT. 2. She was in some distress and filed a number of documents which had been prepared hurriedly by her and by a friend who both assisted her and acted as her advocate. I was persuaded because of the immediacy of the eviction which was, to say, the next day potentially, that something should be done on an interim basis. At around 6.30 pm I ordered that there be a stay of the order for possession of the premises at 7 Yvonne Close, Green Point, until today, Wednesday, 27 May 2015. 3. I made some ancillary orders to attempt to arrange legal representation for both the plaintiff and the defendant. Those ancillary orders have been successful and I have had the benefit this morning of appearances by 4. Mr Hourigan, (who appears for the defendant) and Dr O'Shea (who appears for the plaintiff on a referral under the pro bono scheme). 5. They have entered into discussions and those discussions have borne some fruit. I am now advised by Dr O'Shea that there will be an appeal under ss 82 to 83 of the Civil and Administrative Tribunal Act 2013 and an application is made to extend the stay order. That application, while it is not consented to (for reasons of no present moment), is not strenuously opposed. 6. Subject to the observation that I expect, and the court expects, the appeal by Ms Galbraith to be prosecuted with due diligence, I intend to extend that stay and I will do so until further order of the Court. The orders that I make will also be in the nature of case management to ensure that the case proceeds efficiently. 7. The orders I make are these: 1. Until further order there is an extension of the stay of the order of the New South Wales Civil and Administrate Tribunal, requiring the plaintiff to vacate the premises at 7 Yvonne Close, Green Point. 2. The plaintiff is to file and serve an amended summons by 10 June 2015. 3. The plaintiff is to file and serve affidavit evidence by 10 June 2015. 4. The defendant is to file and serve its evidence by 17 June 2015. 5. The second defendant, that is the New South Wales Civil and Administrative Tribunal, is to provide its reasons for decision and transcripts of the hearing of 15 April 2015 to the plaintiff and first defendant by 3 June 2015. 6. The matter is otherwise adjourned to the Registrar on 24 June 2015 for further directions. 7. The parties have liberty to restore the matter on two days' notice. ********** Amendments 02 June 2015 - Typographical errors corrected. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 02 June 2015