Appellate stay can continue during reference proceedings where stay powers remain incidental to appellate jurisdiction.

The Tribunal's appellate jurisdiction was held not to be displaced by the pendency of reference proceedings, and its power to grant stay was treated as incidental and ancillary to that jurisdiction. Relying on an earlier decision on similar facts and the Supreme Court's approach, it considered that a stay already granted in the appeal could properly be maintained while the reference was pending. The existing stay was therefore extended and continued in force until disposal of the reference matter.

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Issues: Whether the stay order granted in the pending appeal should be continued during the pendency of the reference proceedings.

Analysis: The Tribunal noted that a question of law had been referred to the High Court and relied on the principle that the Tribunal's appellate jurisdiction is not detracted from by reference proceedings, with the power to grant stay being incidental and ancillary to that jurisdiction. Following the earlier decision on similar facts and the Supreme Court's view, the Tribunal found it to continue the existing stay.

Outcome: The stay order was extended and continued in force until disposal of the reference matter.

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