Von Reisner v Consumer Trader and Tenancy Tribunal & Anor [2007] NSWSC 907

Von Reisner v Consumer Trader and Tenancy Tribunal & Anor [2007] NSWSC 907

The stay was refused because, although refusal could render the appeal nugatory, no arguable ground of challenge to Barr J's judgment had been articulated and the history included longstanding Tribunal orders for access to carry out urgent repairs. Given evidence that Ms Von Reisner had prevented the Corporation from carrying out the repairs, the Court extended the timetable for compliance and ordered Sheriff assistance.

Jurisdiction
Australia
Judgment Date
10 August 2007
Procedural Posture
Appeal From Consumer Trader and Tenancy Tribunal Orders; Motions for Stay and Enforcement Related Orders / Supreme Court Determination of Plaintiff's Amended Notice of Motion for a Stay and Second Defendant's Amended Motion
Outcome
Plaintiff's amended notice of motion dismissed; compliance timetable extended; Sheriff assistance ordered; balance of second defendant's amended motion stood over generally; plaintiff ordered to pay second defendant's costs of its amended motion.
Legal Topics
['stay Pending Appeal' 'procedural Fairness' 'access to Premises for Urgent Repairs' 'variation of Timetable for Compliance With Tribunal Orders' 'sheriff Assistance' 'costs']
['tenancy Law' 'civil Procedure' 'administrative Law'] ['stay Pending Appeal' 'procedural Fairness' 'access to Premises for Urgent Repairs' 'variation of Timetable for Compliance With Tribunal Orders' 'sheriff Assistance' 'costs']

Case Brief

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Procedural Posture

Appeal From Consumer Trader and Tenancy Tribunal Orders; Motions for Stay and Enforcement Related Orders / Supreme Court Determination of Plaintiff's Amended Notice of Motion for a Stay and Second Defendant's Amended Motion

Legal Issues

  1. 1 ['Whether the plaintiff should obtain a stay of orders made by Barr J pending her appeal.' 'Whether the grounds of appeal disclosed an arguable challenge based on denial of procedural fairness.' 'Whether further orders extending time for compliance and directing Sheriff assistance should be made to enable urgent repairs to be carried out.']

Ratio Decidendi

The stay was refused because, although refusal could render the appeal nugatory, no arguable ground of challenge to Barr J's judgment had been articulated and the history included longstanding Tribunal orders for access to carry out urgent repairs. Given evidence that Ms Von Reisner had prevented the Corporation from carrying out the repairs, the Court extended the timetable for compliance and ordered Sheriff assistance.

Court Disposition

Plaintiff's amended notice of motion dismissed; compliance timetable extended; Sheriff assistance ordered; balance of second defendant's amended motion stood over generally; plaintiff ordered to pay second defendant's costs of its amended motion.

Orders

  • ['Dismiss the amended notice of motion filed by Koidu Von Reisner in proceedings in the Court of Appeal No. 40193 of 2007.' "The time for compliance with the orders made by the Consumer Trader & Tenancy Tribunal on 2 March 2006 is extended: the tenant to give access to the landlord and/or its agents to the premises...