The Court of Appeal has power to stay both a VCAT decision and the underlying administrative decision it affirmed, pending an application for leave to appeal under s 148 of the VCAT Act, pursuant to Rule 64.39 and the Court's inherent jurisdiction. Sections 50, 118 and 149 of the VCAT Act do not confer power on the Court of Appeal to grant such a stay. The general principle that a successful party should not be deprived of the fruits of judgment is arguably less applicable in judicial review proceedings against a regulatory body. Where a regulatory disqualification would cause irreparable harm to a trainer's business and the appeal would be rendered nugatory, special or exceptional circumstances for a stay are established.
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