NCAT Appeal Panel Form | Application for stay of original decision pending appeal Page | 2
Has a warrant been issued or is a warrant scheduled to be executed? Yes No
If yes, provide details of the date the warrant was issued or the date and time the warrant is scheduled to be executed.
GROUNDS FOR STAYING DECISION
NOTE: In deciding whether or not to stop the decision being enforced, the Tribunal will usually act on the following bases:
(a) The party who obtained the original order will generally be allowed to enforce it unless you can show that there is a
good reason why this would be wrong.
(b) A factor which supports stopping enforcement of an order is if the appeal will be useless if the order is enforced before
the appeal is finished.
(c) If the order appealed against is for you to pay money, a factor which supports stopping enforcement is if you can show
by evidence, such as detailed financial records, that:
(i) if you paid the money to the other party, the other party probably could not repay the money if you win the
(ii) you do not have enough money or assets to pay the money and, if you do not pay, the other party is going to
try to have you made bankrupt or your company wound up in insolvency or you will have your contractor
licence suspended under s 42A of the Home Building Act 1989 (NSW).
(d) The Tribunal will look at the circumstances of both sides, not just your situation, and may stop enforcement if justice for
both parties requires it.
(e) In doing justice for both parties, the Tribunal can require you to pay money or do other things as a condition for
ordering that enforcement be stopped.
Why do you say the decision should be stayed?
Provide details of why the decision appealed against should be stayed and attach any documents you want to rely on to support
Is all supporting documentation attached? Yes
Applicant’s / Appellant’s signature or signature of legal representative
click to sign
click to edit