Dokas v Gallagher

The applicants, Dokas and Gallagher, sought a stay of orders made by the Appeal Panel of the NSW Civil and Administrative Tribunal (NCAT). This application was made pending the determination of their application for leave to appeal those NCAT orders. However, a writ of possession had already been issued and executed by the respondent before the stay was sought, rendering the primary relief sought by the applicants no longer available.

The central legal issue before the court was whether to grant a stay of the NCAT orders, notwithstanding that the writ of possession had already been executed. This required the court to consider the availability of a stay in circumstances where the relief sought had already been implemented.

Basten AJA dismissed the applicants' notice of motion seeking a stay. His Honour reasoned that the execution of the writ of possession meant that the relief of a stay was no longer available. The court directed that the summons seeking leave to appeal would be heard on the issue of leave only, and set a timetable for the filing of submissions. The applicants were ordered to pay the costs of the notice of motion seeking the stay.