Capon v Snyman [2014] NSWCA 274

Capon v Snyman [2014] NSWCA 274

The applicant did not demonstrate either a serious question to be tried on the proposed appeal or that the balance of convenience favoured the granting of a stay. Additionally, since there had been multiple reviews and variations of the orders below and a lack of right to remain in possession established, the application for stay was dismissed.

Jurisdiction
Australia
Judgment Date
07 August 2014
Procedural Posture
Application for Stay / Interlocutory, Prior to Hearing of Appeal
Outcome
Application for stay dismissed
Legal Topics
['stay of Execution' 'writ of Possession' 'residential Tenancies' 'interlocutory Applications']
['civil Procedure'] ['stay of Execution' 'writ of Possession' 'residential Tenancies' 'interlocutory Applications']

Case Brief

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Procedural Posture

Application for Stay / Interlocutory, Prior to Hearing of Appeal

Legal Issues

  1. 1 ['Whether a stay of execution of a writ of possession should be granted prior to an appeal being heard' 'Whether there is a serious question to be tried' 'Whether the balance of convenience favours the granting of a stay']

Ratio Decidendi

The applicant did not demonstrate either a serious question to be tried on the proposed appeal or that the balance of convenience favoured the granting of a stay. Additionally, since there had been multiple reviews and variations of the orders below and a lack of right to remain in possession established, the application for stay was dismissed.

Court Disposition

Application for stay dismissed

Orders

  • ['Application for stay of execution of writ of possession dismissed' 'Costs reserved']