NCAT Appeal Panel Form | Application for stay of original decision pending appeal Page | 1
December 2017
Application for stay of original decision pending
appeal
NCAT INTERNAL APPEAL PANEL
Complete and attach this form to request a stay when lodging a Notice of Appeal to the NCAT Internal Appeal Panel.
IMPORTANT INFORMATION
1. Even if you lodge an appeal against a decision, that original decision still operates and can be enforced against you unless
the Tribunal makes an order stopping it being enforced. This type of order is called a ‘stay.
2. To obtain a stay to stop the enforcement of an order while an appeal is being decided, you should fill out and lodge with
the Tribunal this form, ‘Application for stay of original decision pending appeal.
3. The Tribunal will not stop enforcement just because you have lodged an appeal.
Appeal Panel File Number
Office use only
PARTIES
Appellant(s)
Respondent(s)
DIVISION
Select Division in which decision being appealed was made
Administrative and Equal Opportunity Consumer and Commercial Guardianship Occupational
DETAILS OF ORIGINAL DECISION
Provide details of original proceedings in which decision was made
NCAT File Number
Date of Decision
DECISION YOU WANT STAYED
What orders do you want stayed?
NCAT Appeal Panel Form | Application for stay of original decision pending appeal Page | 2
WARRANTS
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
appeal; OR
(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
your application.
Is all supporting documentation attached? Yes
SIGNATURE
Applicant’s / Appellant’s signature or signature of legal representative
Name
Signature
Date
click to sign
signature
click to edit
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