Lyel v Hunt-Sharp [2016] NSWSC 562

Lyel v Hunt-Sharp [2016] NSWSC 562

The stay of eviction was vacated because it had been granted ex parte in circumstances where the Court was significantly deceived by the Plaintiff's presentation of an email apparently from a person associated with the lessors consenting to an extension, when the evidence showed the lessors did not know that person and had not authorised the email; the lessors were also entitled to correction of their names and indemnity costs.

Jurisdiction
Australia
Judgment Date
05 May 2016
Procedural Posture
Application Concerning Stay of Eviction Order Made by New South Wales Civil and Administrative Tribunal / Application by Lessors to Lift Ex Parte Stay; Procedural Ruling
Outcome
Application by the lessors granted; stay of eviction vacated; proceedings referred to the Prothonotary for investigation of contempt; Plaintiff ordered to pay Defendants' costs on an indemnity basis.
Legal Topics
['stay of Eviction Order' 'residential Tenancy Termination' 'ex Parte Application' 'false Evidence' 'indemnity Costs' 'referral to Prothonotary']
['landlord and Tenant' 'civil Procedure' 'contempt of Court'] ['stay of Eviction Order' 'residential Tenancy Termination' 'ex Parte Application' 'false Evidence' 'indemnity Costs' 'referral to Prothonotary']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Concerning Stay of Eviction Order Made by New South Wales Civil and Administrative Tribunal / Application by Lessors to Lift Ex Parte Stay; Procedural Ruling

Legal Issues

  1. 1 ["Whether the Defendants' names should be amended to the correct names of the lessors." 'Whether the stay of the eviction order made on 28 April 2016 should be vacated.' "Whether the Plaintiff's presentation of an email on the ex parte application warranted referral for investigation of contempt of court." "Whether the Plaintiff should pay the Defendants' costs on an indemnity basis."]

Ratio Decidendi

The stay of eviction was vacated because it had been granted ex parte in circumstances where the Court was significantly deceived by the Plaintiff's presentation of an email apparently from a person associated with the lessors consenting to an extension, when the evidence showed the lessors did not know that person and had not authorised the email; the lessors were also entitled to correction of their names and indemnity costs.

Court Disposition

Application by the lessors granted; stay of eviction vacated; proceedings referred to the Prothonotary for investigation of contempt; Plaintiff ordered to pay Defendants' costs on an indemnity basis.

Orders

  • ['An order that the names of the Defendants be amended to Peter Jesse Hunt-Sharp and Stephanie Louise Rascoe.' 'An order that the Order for a stay of the Order of Eviction made on 28 April 2016 be vacated.' 'Sheriff to be notified of orders immediately.' 'Proceedings referred to Prothonotary for investigation of...