Wallis v Rudek (No 3) [2020] NSWSC 338

Wallis v Rudek (No 3) [2020] NSWSC 338

The application for a stay failed because the applicants did not present sufficient evidence that they cannot obtain alternative accommodation or justify a suspension of the orders for vacant possession and removal of chattels, even in light of COVID-19. Their refusal to pay any occupation fee and failure to offer security were determinative against the grant of a stay.

Jurisdiction
Australia
Judgment Date
31 March 2020
Procedural Posture
Civil / Post Judgment; Stay Application Pending Appeal
Outcome
Application for stay dismissed; leave granted for further application on short notice.
Legal Topics
['stay of Orders Pending Appeal' 'vacant Possession' 'removal of Chattels' 'covid 19 Emergency' 'self Isolation' 'alternative Accommodation' 'conduct Post Order']
['equity' 'civil Procedure'] ['stay of Orders Pending Appeal' 'vacant Possession' 'removal of Chattels' 'covid 19 Emergency' 'self Isolation' 'alternative Accommodation' 'conduct Post Order']

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Procedural Posture

Civil / Post Judgment; Stay Application Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of orders for vacant possession, removal of chattels, and costs should be granted pending appeal' 'Whether the COVID-19 emergency justifies an extension of time for compliance with orders' "Evidence of the Wallises' ability to obtain alternative accommodation"]

Ratio Decidendi

The application for a stay failed because the applicants did not present sufficient evidence that they cannot obtain alternative accommodation or justify a suspension of the orders for vacant possession and removal of chattels, even in light of COVID-19. Their refusal to pay any occupation fee and failure to offer security were determinative against the grant of a stay.

Court Disposition

Application for stay dismissed; leave granted for further application on short notice.

Orders

  • ['Plaintiffs granted leave to apply for extension of orders for possession/removal of chattels, notice required six hours before proposed time.' "Plaintiffs' notice of motion filed 27 March 2020 dismissed." "Plaintiffs to pay the defendant's costs of the notice of motion."]