Sinanovic v Portbear Pty Ltd [2012] NSWCA 158

Sinanovic v Portbear Pty Ltd [2012] NSWCA 158

The warrant for possession should be stayed for fourteen days to permit the applicant to pay arrears of rent and occupation fee, as he is entitled to one last opportunity under s 89(3) of the Residential Tenancies Act 2010 (NSW), but only upon strict compliance with specified conditions.

Jurisdiction
Australia
Judgment Date
21 May 2012
Procedural Posture
Notice of Motion; Judicial Review Application / Application for Stay of Execution Pending Judicial Review
Outcome
Application for stay granted conditionally
Legal Topics
['suspension of Execution' 'judicial Review' 'warrant for Possession' 'non Payment of Rent' 'arrears of Rent' 'section 69 Application' 'residential Tenancy' 'district Court Appeal']
['practice and Procedure' 'tenancy Law'] ['suspension of Execution' 'judicial Review' 'warrant for Possession' 'non Payment of Rent' 'arrears of Rent' 'section 69 Application' 'residential Tenancy' 'district Court Appeal']

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Procedural Posture

Notice of Motion; Judicial Review Application / Application for Stay of Execution Pending Judicial Review

Legal Issues

  1. 1 ["Whether the execution of a sheriff's warrant for possession should be stayed pending hearing of a judicial review application under s 69 Supreme Court Act 1970 (NSW)" 'Whether the applicant should be given an opportunity to pay rental arrears under s 89(3) Residential Tenancies Act 2010 (NSW)' 'Whether there is procedural fairness or other error justifying judicial review of the District Court decision']

Ratio Decidendi

The warrant for possession should be stayed for fourteen days to permit the applicant to pay arrears of rent and occupation fee, as he is entitled to one last opportunity under s 89(3) of the Residential Tenancies Act 2010 (NSW), but only upon strict compliance with specified conditions.

Court Disposition

Application for stay granted conditionally

Orders

  • ['Within fourteen days, applicant to pay respondent $62,510 plus $192.86 per day after 18 May 2012 until paid in full.' "Applicant to advise respondent's solicitor of his residential address within three days." 'Failure to comply with above conditions discharges the stay automatically.' "Applicant to pay...