Montales-Cook v Wilson [2017] NSWCATAP 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Montales-Cook v Wilson [2017] NSWCATAP 2 Hearing dates: 22 November 2016 Date of orders: 22 November 2016 Decision date: 05 January 2017 Jurisdiction: Appeal Panel Before: A Britton, Principal Member Decision: The application for a stay of the decision under appeal is refused. Catchwords: PRACTICE AND PROCEDURE — stay of the decision under appeal — whether the decision under appeal would be rendered nugatory Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Category: Procedural and other rulings Parties: Vivian Francisco Montales – Cook (Appellant) Margarita Wilson (Respondent) Representation: Appellant (in person) Respondent (in person) File Number(s): AP 16/49151 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 01 November 2016 Before: S Thode, Senior Member File Number(s): GEN 16/38445

REASONS FOR DECISION 1. The appellant, Vivian Montales-Cook has requested written reasons under s 62(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act) for the Appeal Panel's refusal to stay the decision made by the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT) that she pay to Margarita Wilson, the respondent to this appeal, the sum of $5525. These are the written reasons in response to Ms Montales-Cook's request.