NATHAN and ANOR v JONES [1998] NSWCA 154

NATHAN and ANOR v JONES [1998] NSWCA 154

Leave for stay pending appeal will not be granted unless there is a reasonable prospect of leave to appeal or appeal succeeding; decisions on rent arrears and possession by the Tribunal are matters of fact, not law, and do not give rise to appeal rights to the Supreme Court.

Parties
Claimant: Dennis Nathan; Claimant: Vanessa Wete; Opponent: Paul Jones
Jurisdiction
Australia
Judgment Date
16 November 1998
Procedural Posture
Application for Stay Pending Leave to Appeal / Holding Summons for Leave to Appeal; Application for Stay
Outcome
Conditional stay granted upon undertaking. Application for broader stay dismissed. Costs awarded to opponent.
Legal Topics
Stay of Orders, Leave to Appeal, Termination of Tenancy, Arrears of Rent
Practice and Procedure Residential Tenancy Stay of Orders Leave to Appeal Termination of Tenancy Arrears of Rent

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Parties

Dennis Nathan

Claimant

Vanessa Wete

Claimant

Paul Jones

Opponent

Procedural Posture

Application for Stay Pending Leave to Appeal / Holding Summons for Leave to Appeal; Application for Stay

Legal Issues

  1. 1 Whether there is a reasonable prospect of obtaining leave to appeal against orders for possession and arrears
  2. 2 Whether decisions of the Residential Tenancies Tribunal involved questions of law allowing appeal
  3. 3 Whether stay should be granted to claimants to enable alternative accommodation

Ratio Decidendi

Leave for stay pending appeal will not be granted unless there is a reasonable prospect of leave to appeal or appeal succeeding; decisions on rent arrears and possession by the Tribunal are matters of fact, not law, and do not give rise to appeal rights to the Supreme Court.

Court Disposition

Conditional stay granted upon undertaking. Application for broader stay dismissed. Costs awarded to opponent.

Orders

  • Stay of execution of Grove J's orders in proceedings 30112/98 up to and including midnight on 7 December 1998 upon claimants' undertaking to vacate premises by then.
  • Claimants to deliver possession of 7/35 Roslyn Street by 7 December 1998.