Mitchell v Gong [2024] NSWCATAP 219

Mitchell v Gong [2024] NSWCATAP 219

Notwithstanding the lack of arguable appeal grounds, a short, conditional stay of the order for possession was granted on hardship grounds, balancing the need to do justice between the parties due to the impending eviction of a tenant with a seriously ill child.

Parties
Appellant: Reama Mitchell; Respondent: Yongwei Gong
Jurisdiction
Australia
Judgment Date
01 November 2024
Procedural Posture
Appeal / Interlocutory/stay Application
Outcome
Stay of possession order granted on conditions
Legal Topics
Stay of Possession Order, Hardship, Residential Tenancies Act, Possession Proceedings
Tenancy Civil Procedure Stay of Possession Order Hardship Residential Tenancies Act Possession Proceedings

Case Brief

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Parties

Reama Mitchell

Appellant

Yongwei Gong

Respondent

Procedural Posture

Appeal / Interlocutory/stay Application

Legal Issues

  1. 1 Whether a stay of possession order pending appeal should be granted on hardship grounds
  2. 2 Whether the appeal raises arguable grounds
  3. 3 Whether balance of convenience favours granting a stay

Ratio Decidendi

Notwithstanding the lack of arguable appeal grounds, a short, conditional stay of the order for possession was granted on hardship grounds, balancing the need to do justice between the parties due to the impending eviction of a tenant with a seriously ill child.

Court Disposition

Stay of possession order granted on conditions

Orders

  • In respect of the decision made on 04 September 2024 in matter number 2024/00305574 the operation of order 3 is stayed and the order for possession is suspended until 5:00 PM on 08 November 2024 or finalisation of the appeal, whichever is the earlier.
  • Preceding order conditional upon Reama Mitchell paying arrears and ongoing occupation fee by stipulated deadlines.