Lawrence v Gunner (No 2) [2015] NSWCA 395

Lawrence v Gunner (No 2) [2015] NSWCA 395

The Court refused the application to vary the stay because the applicants did not demonstrate arguable grounds for appeal regarding the $15,000 payment or the terms of the remittal order to the Tribunal, and thus no stay of the costs order was warranted.

Parties
First Applicant: Wayne Lawrence; Second Applicant: Valerie Lawrence; Respondent: Frances Beatrice Gunner
Jurisdiction
Australia
Judgment Date
11 December 2015
Procedural Posture
Appellate / Interlocutory Application in Appeal
Outcome
Application to vary stay refused with costs; other matters stood over; directions and leave as per orders outlined in judgment.
Legal Topics
Stay of Proceedings, Appeals, Remittal of Tenancy Proceedings, Costs
Civil Procedure Stay of Proceedings Appeals Remittal of Tenancy Proceedings Costs

Case Brief

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Parties

Wayne Lawrence

First Applicant

Valerie Lawrence

Second Applicant

Frances Beatrice Gunner

Respondent

Procedural Posture

Appellate / Interlocutory Application in Appeal

Legal Issues

  1. 1 Whether the applicants demonstrated arguable grounds for varying the existing stay pending appeal
  2. 2 Jurisdiction of the Supreme Court on residential tenancy issues following remittal from Tribunal
  3. 3 Appropriateness of staying the costs order below

Ratio Decidendi

The Court refused the application to vary the stay because the applicants did not demonstrate arguable grounds for appeal regarding the $15,000 payment or the terms of the remittal order to the Tribunal, and thus no stay of the costs order was warranted.

Court Disposition

Application to vary stay refused with costs; other matters stood over; directions and leave as per orders outlined in judgment.

Orders

  • The application by the appellants to vary the stay ordered by the Court on 15 October 2015 is refused with costs.
  • Stand over the balance of the appellants' further amended notice of motion filed 24 November 2015 and the respondent's notice of motion filed 2 November 2015 to 8 February 2016 before Gleeson JA at 10:15 am.