Singh v Fobupo Pty Ltd [2019] NSWCATAP 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Singh v Fobupo Pty Ltd [2019] NSWCATAP 34 Hearing dates: 22 and 23 January 2018 Date of orders: 01 February 2019 Decision date: 01 February 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Decision: Orders (1) The stay of orders 1 and 2 made by the Appeal Panel on 14 December 2018 it is lifted; (2) The order made by the appeal panel on 14 December 2018, restraining Fobupu Pty Ltd from repossessing the premises, the subject of proceedings see COM 18/39312 or otherwise disturbing the appellant's quite enjoyment of those premises, is dissolved.

Costs (1) Costs of the application are reserved. Catchwords: PRACTICE AND PROCEDURE – Stay – conditions of stay not complied with – application to lift stay and dissolve restraining order – set off – ability to set off debt against money payable as condition of stay – dispute concerning lawfulness of tax invoice required to be issued as condition of stay. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil Procedure Act, 2005 (NSW) Commonwealth Constitution Cases Cited: The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Murphy v Trustees of Catholic Aged Care Sydney [2018] NSWCATAP 275 Singh v Fobubu Pty Ltd; Singh v Khan [2018] NSWSC 1817 Smith v Acquire Asia Pacific Philippines Inc [2016] NSWSC 1084 Texts Cited: Nil Category: Procedural and other rulings Parties: Gurjit Singh (Appellant) Fobupo Pty Ltd (Respondent) Representation: Counsel: N Jordan (Lay Representative)( Appellant) R Brown( Respondent)