The Supreme Court granted a stay of NCAT termination and possession orders pending determination of an NCAT appeal, finding serious issues arose from the first instance tribunal proceeding to hear the matter despite the respondent tenant, who was in custody, never having received the initiating documents or evidence. The Court applied the standard stay principles from Dogra v Dogra (No 3) and found the balance of convenience favoured the tenant, who faced homelessness, over the housing provider's interest in approximately six weeks of vacancy.
The full text is available to signed-in members.