The Tribunal granted the renter's application for a stay of the possession proceeding pending determination of his Supreme Court appeal, and adjourned the reconstitution application sine die. The Deputy President applied the balance of convenience test under sections 80, 123, and 149 of the VCAT Act, finding that the prejudice to the renter of proceeding (near-certain possession order and eviction) outweighed the inconvenience to the rental provider (delayed rent collection, remediable by damages). The case confirms that where interim findings on rent liability are under appeal and those findings are foundational to the possession determination, a stay may be appropriate to preserve the status quo.
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