Grant v Grant [2020] NSWCA 328

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Grant v Grant [2020] NSWCA 328 Hearing dates: 7 and 14 December 2020 Date of orders: 14 December 2020 Decision date: 14 December 2020 Before: Macfarlan JA Decision: (1) Direct that the following certificate of title which is presently in the possession of the Court be retained: the certificate of title to the land comprised in folio identifier 62/235311 being 2 Linda Street Killcare NSW ("the Killcare property"). (2) Stay the orders made in the Equity Division on 24 September 2020 on the following conditions: (a) That the second appellant provides to the respondent a written undertaking to the Court to keep the Killcare property insured, not to encumber it, not to damage it, to keep it in a good state of repair and not to rent it to any other person for any period in excess of 6 weeks. (b) That the first and second appellants each provide to the respondent a written undertaking to the Court that they will not dispose of any of their assets, or any interest in any asset, other than for payment of ordinary living expenses, maintenance of the Killcare property or legal expenses to a solicitor in connection with the present proceedings. (3) Order that the costs of the appellants' motion for a stay be costs in the appeal. (4) I refer the parties to the Registrar in Court 12B at 2.30pm today for the purpose of fixing a hearing date and making directions. If possible, the parties should notify their available dates for February to April 2021 to the Registrar in advance. I note that Ms Grant will not be able to appear at that time but will nevertheless send her available dates for those months to the Registrar as soon as possible. Catchwords: APPEALS – procedure – stay pending appeal – argument that appeal will be stultified if enforcement of judgment permitted – stay granted on terms providing reasonable protection to respondent Category: Procedural and other rulings Parties: Nerez Gwynneth Grant (First Appellant) Kashaya Williams (Second Appellant) Seth Garran Niels Grant (Respondent) Representation: Counsel: Ms N Grant (self-represented) (Appellants) Mr N Avery-Williams (Respondent)