I am the respondent to NCAT appeal. A callover and stay hearing was listed for today.
On Wednesday, the applicant applied for an adjournment. He stated in his email it was due to medical reasons, but did not supply me with a medical certificate. I assume he supplied a medical certificate to the NCAT Appeals panel.
NCAT appeals panel emailed me letting me know the applicant had requested an adjournment. Not long after, I received an email from the applicant asking if I would agree to the adjournment. I did not agree, and I sent my response to the applicant and forwarded my response to the NCAT Appeals panel.
Yesterday afternoon, I received a email again from the NCAT Appeals panel saying this
On 14 July 2022, the following orders (and/or directions) were made:
1) The Tribunal dispenses with a hearing of the application to adjourn the callover of the appeal
pursuant to s 50(2) Civil and Administrative Tribunal Act 2013.
2) On the application by (Appellant), tomorrow's listing is adjourned to ** July
2022 at 9.30am.
3) Reasons:
The Tribunal is satisfied that there is a genuine basis for the adjournment and that there is no
apparent material prejudice to the respondent where the orders are not presently stayed.
So I understand the callover has been adjourned, but can someone please clarify the wording "orders are not presently stayed" means he did not get the stay order?
If the stay order has not been granted, what does that mean in terms of the originally ordered orders from NCAT? The orders are for $100 per week rent reduction and a back pay of that reduction from 15 March 2022 until the problem is fixed and the area can be used again. Should the applicant still have put down the rent credit, he has been ordered to pay? I have started paying my rent at the reduced rate since orders were given. My R/E is questioning me paying the reduced rate, so I just want to be sure I can not get into trouble.
On Wednesday, the applicant applied for an adjournment. He stated in his email it was due to medical reasons, but did not supply me with a medical certificate. I assume he supplied a medical certificate to the NCAT Appeals panel.
NCAT appeals panel emailed me letting me know the applicant had requested an adjournment. Not long after, I received an email from the applicant asking if I would agree to the adjournment. I did not agree, and I sent my response to the applicant and forwarded my response to the NCAT Appeals panel.
Yesterday afternoon, I received a email again from the NCAT Appeals panel saying this
On 14 July 2022, the following orders (and/or directions) were made:
1) The Tribunal dispenses with a hearing of the application to adjourn the callover of the appeal
pursuant to s 50(2) Civil and Administrative Tribunal Act 2013.
2) On the application by (Appellant), tomorrow's listing is adjourned to ** July
2022 at 9.30am.
3) Reasons:
The Tribunal is satisfied that there is a genuine basis for the adjournment and that there is no
apparent material prejudice to the respondent where the orders are not presently stayed.
So I understand the callover has been adjourned, but can someone please clarify the wording "orders are not presently stayed" means he did not get the stay order?
If the stay order has not been granted, what does that mean in terms of the originally ordered orders from NCAT? The orders are for $100 per week rent reduction and a back pay of that reduction from 15 March 2022 until the problem is fixed and the area can be used again. Should the applicant still have put down the rent credit, he has been ordered to pay? I have started paying my rent at the reduced rate since orders were given. My R/E is questioning me paying the reduced rate, so I just want to be sure I can not get into trouble.
