BREEN v PLUMB [1991] NSWCA 31

BREEN v PLUMB [1991] NSWCA 31

On the balance of convenience, greater inconvenience would be caused by dislocating the claimants and their child pending the appeal, and a stay of execution should be granted, conditional on claimants' payment of back rent into a jointly administered account.

Parties
Claimant: Diana Breen; Claimant: Philip Leslie Fuller; Opponent: Ronald John Plumb
Jurisdiction
Australia
Judgment Date
19 August 1991
Procedural Posture
Appeal / Application for Stay Pending Appeal
Outcome
Stay of execution of possession order granted pending appeal, subject to payment terms.
Legal Topics
Stay of Execution, Possession Orders, Domestic Disputes, Balance of Convenience
Practice and Procedure Stay of Execution Possession Orders Domestic Disputes Balance of Convenience

Case Brief

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Parties

Diana Breen

Claimant

Philip Leslie Fuller

Claimant

Ronald John Plumb

Opponent

Procedural Posture

Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of execution of the order for possession pending appeal
  2. 2 Terms for stay including payment of back rent
  3. 3 Balance of convenience between parties

Ratio Decidendi

On the balance of convenience, greater inconvenience would be caused by dislocating the claimants and their child pending the appeal, and a stay of execution should be granted, conditional on claimants' payment of back rent into a jointly administered account.

Court Disposition

Stay of execution of possession order granted pending appeal, subject to payment terms.

Orders

  • Stay execution of the judgment entered by Young J on 7 March 1991 until determination of the appeal or further order.
  • Expedite hearing of the appeal, category B, to be heard within approximately two months.