Di Liristi v Matautia Developments Pty Ltd

In *Di Liristi v Matautia Developments Pty Ltd*, the Court of Appeal considered an application by the applicant, Antonio Di Liristi, for a stay of execution and an anti-suit injunction. The dispute arose from a monetary judgment granted against the applicant, which included orders transferring proceedings for possession to the NSW Civil and Administrative Tribunal (NCAT). The applicant sought to prevent the respondent from pursuing possession orders in NCAT pending the determination of his appeal against the primary judgment.

The Court was required to determine whether there were arguable grounds of appeal, whether orders already implemented could be stayed, and whether a failure to grant a stay would render the appeal nugatory. A further issue concerned the jurisdiction of NCAT and the Court of Appeal's power to stay NCAT proceedings, particularly in circumstances where NCAT proceedings were commenced after the appeal was filed but before the applicant notified NCAT of the appeal. The Court also considered whether the prohibition on recovery of possession under the *Residential Tenancies Act 2010* (NSW) deprived the court of jurisdiction or merely provided a defence.

Brereton JA granted the stay of execution on the monetary judgment and issued an anti-suit injunction restraining the respondent from prosecuting proceedings for possession in NCAT. These orders were conditional upon the applicant providing usual undertakings as to damages and prosecuting the appeal expeditiously, and crucially, upon the applicant providing a general security deed over his assets as security for the judgment under appeal by a specified date. The Court also ordered that the hearing of the appeal be expedited and that costs of the stay application be costs in the appeal.