Ehrenfeld & Anor v Nan Sun & Ors (No. 2) [2017] NSWSC 564

Ehrenfeld & Anor v Nan Sun & Ors (No. 2) [2017] NSWSC 564

The Court declined to make the proposed consent orders because the order setting aside the NCAT orders was too all-embracing and uncertain, risked relitigation of matters such as arrears and termination, and was likely to create false issues and further litigation contrary to Civil Procedure Act 2005, s 56. The proposed orders also failed to provide a mechanism for Megaward Pty Ltd or Nan Sun to recover possession at the end of the lease period if the NCAT orders were avoided. The appropriate course was therefore to extend the existing injunction only until 30 June 2017, on the basis that the $20,000 bank cheque had cleared and the parties agreed that date as the last date of occupation,...

Jurisdiction
Australia
Judgment Date
09 May 2017
Procedural Posture
Equity Proceedings Concerning an Interlocutory Injunction Restraining Action on NSW Civil and Administrative Tribunal Residential Tenancy Orders / Further Interlocutory Ruling on Extension of Injunction and Proposed Consent Orders
Outcome
Orders made extending the interlocutory injunction to 30 June 2017; NCAT decision enforceable from 1 July 2017 unless the parties otherwise agree; no order as to costs; proceedings adjourned.
Legal Topics
['termination of Residential Tenancy' 'interlocutory Injunction' 'nsw Civil and Administrative Tribunal Orders' 'possession of Residential Premises' 'consent Orders' 'costs']
['landlord and Tenant' 'civil Procedure' 'equity'] ['termination of Residential Tenancy' 'interlocutory Injunction' 'nsw Civil and Administrative Tribunal Orders' 'possession of Residential Premises' 'consent Orders' 'costs']

Case Brief

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Procedural Posture

Equity Proceedings Concerning an Interlocutory Injunction Restraining Action on NSW Civil and Administrative Tribunal Residential Tenancy Orders / Further Interlocutory Ruling on Extension of Injunction and Proposed Consent Orders

Legal Issues

  1. 1 ["Whether the Court should make the parties' proposed consent orders setting aside orders made by the NSW Civil and Administrative Tribunal on 26 April 2017." 'Whether the injunction restraining the defendants from acting on the NSW Civil and Administrative Tribunal decision should be extended until 30 June 2017.' 'Whether the NSW Civil and Administrative Tribunal decision should remain enforceable from 1 July 2017 unless the parties otherwise agree.' 'Whether any order as to costs should be made.']

Ratio Decidendi

The Court declined to make the proposed consent orders because the order setting aside the NCAT orders was too all-embracing and uncertain, risked relitigation of matters such as arrears and termination, and was likely to create false issues and further litigation contrary to Civil Procedure Act 2005, s 56. The proposed orders also failed to provide a mechanism for Megaward Pty Ltd or Nan Sun to recover possession at the end of the lease period if the NCAT orders were avoided. The appropriate course was therefore to extend the existing injunction only until 30 June 2017, on the basis that the $20,000 bank cheque had cleared and the parties agreed that date as the last date of occupation,...

Court Disposition

Orders made extending the interlocutory injunction to 30 June 2017; NCAT decision enforceable from 1 July 2017 unless the parties otherwise agree; no order as to costs; proceedings adjourned.

Orders

  • ["Note that the bank cheque for $20,000 (the subject of the Court's Order 2 of 4 May 2017) was received by Megaward Pty Ltd and has cleared." 'The Court extends the injunction granted on 27 April 2017 to expire on and including 30 June 2017 and unless the parties otherwise agree the decision of the third defendant...