Chan v Cheng & Ors [2004] NSWCA 288

There is no substance in the proposed grounds of appeal agitated by the claimant; accordingly, a stay should not be granted, and the notice of motion for stay is dismissed.

Jurisdiction: Australia
Judgment Date: 23 August 2004
Procedural Posture: Application for Stay Pending Appeal / Court of Appeal Application for Stay of Order for Possession
Outcome: Application dismissed
Legal Topics: ['application for Stay' 'possession of Premises' 'appeal' 'procedural Fairness']

['tenancy Law' 'civil Procedure'] ['application for Stay' 'possession of Premises' 'appeal' 'procedural Fairness']

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Procedural Posture

Application for Stay Pending Appeal / Court of Appeal Application for Stay of Order for Possession

Legal Issues

1 ['Whether there is any substance in the proposed appeal such as to warrant granting a stay of execution of an order for possession' 'Whether procedural fairness was denied to the claimant' 'Whether there was valid service of notice of termination' 'Whether the Tribunal and judge gave proper regard to evidence of hardship']

Ratio Decidendi

There is no substance in the proposed grounds of appeal agitated by the claimant; accordingly, a stay should not be granted, and the notice of motion for stay is dismissed.

Court Disposition

Application dismissed

Orders

['Notice of motion filed 20 August 2004 dismissed']