Lewis v Brown [2016] NSWSC 474
The application for a further stay was refused because the plaintiff remained in arrears, her supporting evidence was unreliable, she had not secured alternative accommodation, and the defendant would be further prejudiced by delay.
- Parties
- Plaintiff: Roseanne Lewis; Defendant: Susan Elizabeth Brown
- Jurisdiction
- Australia
- Judgment Date
- 04 April 2016
- Procedural Posture
- Application for Stay of Execution of Writ of Possession / Final Judgment on Summons
- Outcome
- Plaintiff's application for stay dismissed. Costs ordered in favour of the defendant.
- Legal Topics
- Stay of Execution, Writ of Possession, NCAT Orders, Residential Tenancy
Case Brief
Summary, issues, holding and outcome
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Parties
Roseanne Lewis
Plaintiff
Susan Elizabeth Brown
Defendant
Procedural Posture
Application for Stay of Execution of Writ of Possession / Final Judgment on Summons
Legal Issues
- 1 Whether a stay of execution of writ of possession should be granted after NCAT orders and unsuccessful challenge by tenant
Ratio Decidendi
The application for a further stay was refused because the plaintiff remained in arrears, her supporting evidence was unreliable, she had not secured alternative accommodation, and the defendant would be further prejudiced by delay.
Court Disposition
Plaintiff's application for stay dismissed. Costs ordered in favour of the defendant.
Orders
- I decline to make the order sought by the Plaintiff.
- Summons dismissed.
Full Case Text
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