Macquarie International Health Clinic Pty Limited v Sydney Local Health District [2019] NSWCA 281

Macquarie International Health Clinic Pty Limited v Sydney Local Health District [2019] NSWCA 281

A stay should be granted because there are reasonably arguable grounds of appeal, there is a clear risk that without a stay the applicant's leasehold rights would be destroyed if possession is enforced, the balance of convenience favours maintaining the status quo, and the significance of the judgment is considerable.

Jurisdiction
Australia
Judgment Date
21 November 2019
Procedural Posture
Application for Stay Pending Appeal / Interlocutory (stay Application in Pending Appeal)
Outcome
Stay granted; costs of stay application awarded to applicant
Legal Topics
['stay of Orders Pending Appeal' 'possession of Land' 'leasehold Disputes']
['civil Procedure'] ['stay of Orders Pending Appeal' 'possession of Land' 'leasehold Disputes']

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

Application for Stay Pending Appeal / Interlocutory (stay Application in Pending Appeal)

Legal Issues

  1. 1 ['Whether a stay of judgment and orders for possession should be granted pending appeal' 'Whether the applicant has raised arguable grounds of appeal' 'Whether the appeal will be rendered nugatory if a stay is not granted' 'Balance of convenience between the parties']

Ratio Decidendi

A stay should be granted because there are reasonably arguable grounds of appeal, there is a clear risk that without a stay the applicant's leasehold rights would be destroyed if possession is enforced, the balance of convenience favours maintaining the status quo, and the significance of the judgment is considerable.

Court Disposition

Stay granted; costs of stay application awarded to applicant

Orders

  • ['Orders 2, 3 and 4 made by Ward CJ in Eq on 12 September 2019 in Supreme Court proceedings 2017/83181 and enforcement of those orders be stayed until determination of the appeal or until earlier order of the Court.' "Respondent to pay applicant's costs of the stay application."]