Chester v Prestige Promotions Pty Limited [2014] NSWSC 1102

Supreme Court New South Wales

Medium Neutral Citation: Chester v Prestige Promotions Pty Limited [2014] NSWSC 1102 Hearing dates: 28/07/2014 Decision date: 28 July 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) The defendant, Prestige Promotions Pty Ltd, and its agent Ms Tania Sassoon of Belle Property Pty Ltd of Double Bay be, and hereby are, restrained from taking any step, or any further step to enforce any writ or otherwise obtain possession of the premises at 19/40 Penkivil Street Bondi. (2) I stay the execution of any Writ of Possession issued by the New South Wales Civil and Administrative Tribunal until further order. (3) I note that the first two orders are made upon condition that the plaintiffs, Mr and Mrs Chester, pay all rental and other outgoing and tenant expenses as and when they fall due in a timely manner. (4) I order that service of these orders may be effected by delivery to the landlord's agent Ms Sassoon at Belle Property Pty Ltd Double Bay both by delivery of the documents to the premises and by email on or before 9 am 29 July 2014. (5) I grant the parties liberty to apply on two hours' notice. Catchwords: PROCEDURE - civil - judgments and orders - stay pending appeal - appeal from NSW Civil and Administrative Tribunal - stay execution of writ of possession issued by NSW Civil and Administrative Tribunal; application for - plaintiffs in occupation of property for over 20 years - arrears of rent arguably not owed - no notice received Legislation Cited: Civil and Administrative Tribunal Regulations 2013 Residential Tenancies Act 2010 Category: Procedural and other rulings Parties: Jerome Chester (P1) Leah Chester (P2) Prestige Promotions Pty Limited (D) Representation: Counsel: J Chester (P) (on behalf of his parents) No appearance (D) Solicitors: Jemmeson & Fisher (D) File Number(s): 2014/218498