Wallis v Rudek (No. 2) [2020] NSWCA 175

Wallis v Rudek (No. 2) [2020] NSWCA 175

The stay of the order for possession should be dissolved in light of established breaches of undertakings and changed circumstances regarding COVID-19 restrictions; possession orders should be enforceable by writ and not solely by injunction.

Jurisdiction
Australia
Judgment Date
11 August 2020
Procedural Posture
Appeal / Interlocutory Ruling on Stay and Possession Pending Appeal
Outcome
Stay discharged; orders for possession granted; parties to bring in short minutes of order; most notice of motion requests dismissed; costs to be outcome in appeal.
Legal Topics
['stay of Orders' 'possession of Property' 'harassment' 'undertakings' 'covid 19 Pandemic']
['civil Procedure'] ['stay of Orders' 'possession of Property' 'harassment' 'undertakings' 'covid 19 Pandemic']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Interlocutory Ruling on Stay and Possession Pending Appeal

Legal Issues

  1. 1 ['Whether the stay of the order for possession pending appeal should be discharged' 'Whether appellants breached undertakings in support of the stay' 'Whether further orders preventing harassment, intimidation or stalking should be made']

Ratio Decidendi

The stay of the order for possession should be dissolved in light of established breaches of undertakings and changed circumstances regarding COVID-19 restrictions; possession orders should be enforceable by writ and not solely by injunction.

Court Disposition

Stay discharged; orders for possession granted; parties to bring in short minutes of order; most notice of motion requests dismissed; costs to be outcome in appeal.

Orders

  • ['Stay of possession order dissolved' 'Respondent at liberty to procure the issue of a writ for possession forthwith' 'Appellants to remove items belonging to them according to lists exchanged within ordered timeframes' 'Notice of motion (appellants) dismissed except as to orders 1-3' 'Costs of notices of motion to...