Rayner v Rayner [2019] NSWSC 714

Rayner v Rayner [2019] NSWSC 714

A short stay of the possession order was granted due to the plaintiff's circumstances, lack of notice served on the defendant, and need for procedural fairness until relevant materials are filed and served.

Jurisdiction
Australia
Judgment Date
11 June 2019
Procedural Posture
Notice of Motion/ex Parte Application / Interlocutory Application for Stay Pending Appeal
Outcome
Short stay of order for possession granted; procedural directions given.
Legal Topics
['stay of Possession Order' 'interlocutory Proceedings']
['landlord and Tenant' 'civil Procedure'] ['stay of Possession Order' 'interlocutory Proceedings']

Case Brief

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Procedural Posture

Notice of Motion/ex Parte Application / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether to grant a short stay of possession order pending appeal in the Supreme Court']

Ratio Decidendi

A short stay of the possession order was granted due to the plaintiff's circumstances, lack of notice served on the defendant, and need for procedural fairness until relevant materials are filed and served.

Court Disposition

Short stay of order for possession granted; procedural directions given.

Orders

  • ['Leave to file notice of motion and affidavit of Timothy James Lynch sworn 11 June 2019.' 'Plaintiff to serve notice of motion, affidavit, and orders by email to defendant and her solicitor.' 'Plaintiff to file and serve affidavit detailing receipt of notices and instructions to solicitor by 5pm 12 June 2019.'...