Rayner v Rayner (No 2) [2019] NSWSC 819

Rayner v Rayner (No 2) [2019] NSWSC 819

A further stay of possession is granted, conditional upon payment of daily occupation fee, as the balance of convenience and competing rights of parties favour maintaining status quo until the appeal is heard, given the appeal proceedings would be rendered otiose if stay is not granted.

Jurisdiction
Australia
Judgment Date
02 July 2019
Procedural Posture
Notice of Motion for Stay of Possession Pending Appeal / Interlocutory Application
Outcome
Further stay of possession order granted, conditional upon payment of occupation fee. Costs reserved.
Legal Topics
['stay of Possession Order' 'equitable Defence' 'appeal From Ncat']
['landlord and Tenant' 'property Law'] ['stay of Possession Order' 'equitable Defence' 'appeal From Ncat']

Case Brief

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Procedural Posture

Notice of Motion for Stay of Possession Pending Appeal / Interlocutory Application

Legal Issues

  1. 1 ['Whether to grant a stay of possession of residential premises pending appeal from NCAT Panel decision' 'Whether equitable defence was properly considered by Tribunal and Panel']

Ratio Decidendi

A further stay of possession is granted, conditional upon payment of daily occupation fee, as the balance of convenience and competing rights of parties favour maintaining status quo until the appeal is heard, given the appeal proceedings would be rendered otiose if stay is not granted.

Court Disposition

Further stay of possession order granted, conditional upon payment of occupation fee. Costs reserved.

Orders

  • ['Conditional upon the payment of the $28.57 per day occupation fee, the order for possession of the subject premises be stayed until 9am on 8 November 2019.' 'Costs reserved.']