A single Judge of Appeal has power under s 46(2)(b) of the Supreme Court Act 1970 (NSW) to order restoration of a practitioner's name to the roll pending appeal from a Tribunal removal order, as such an order does not involve the 'determination or decision of the appeal'. Where a removal order has already been executed, a stay is not meaningful; the appropriate remedy is an order for restoration. The discretion to grant such relief requires consideration of arguable grounds of appeal, the balance of convenience including public interest considerations, and the practitioner's willingness to give undertakings.
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