Capon v Snyman [2014] NSWCA 274

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Capon v Snyman [2014] NSWCA 274 Hearing dates: 7 August 2014 Decision date: 07 August 2014 Before: Ward JA Decision: Application for stay of execution of writ of possession dismissed. Costs reserved. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - stays - where applicant seeking stay prior to hearing of appeal - whether balance of convenience favoured stay - whether there was a serious question to be tried Legislation Cited: Residential Tenancies Act 2010 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Boutros v Nationwide Capital Pty Ltd [2013] NSWCA 246 House v The King [1936] HCA 40; (1936) 55 CLR 499 Category: Interlocutory applications Parties: Nadia Marie Capon (Applicant) Carl Snyman (First Respondent) Stuart Orr (Second Respondent) Representation: Counsel: Ms G Mahoney (Respondents) Solicitors: Nadia Capon (Appearing in person) McLachlan Thorpe Partners (Respondents) File Number(s): 2014/00199664 Publication restriction: Nil Decision under appeal Date of Decision: 2014-06-20 00:00:00 Before: Bellew J File Number(s): 2014/00156089