Lawrence v Gunner (No 2) [2015] NSWCA 395

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lawrence v Gunner (No 2) [2015] NSWCA 395 Hearing dates: 4 December 2015 Date of orders: 04 December 2015 Decision date: 11 December 2015 Before: Gleeson JA Decision: (1) The application by the appellants to vary the stay ordered by the Court on 15 October 2015 is refused with costs. The reasons of the Court are reserved.

(2) Stand over the balance of the appellants' further amended notice of motion filed 24 November 2015 and the respondent's notice of motion filed 2 November 2015 to 8 February 2016 before Gleeson JA at 10.15 am.

(3) Direct the appellants to serve a draft amended notice of appeal by 4.00 pm on 18 December 2015.

(4) In the absence of consent to the form of the draft amended notice of appeal:

(a) the respondent to file and serve short written submissions not exceeding 3 pages outlining the particular objections and grounds for objection by 1 February 2016;

(b) the appellants to file and serve short written submissions in reply not exceeding 3 pages by 4 February 2016.

(5) Grant leave to the appellants to file and serve any notice of motion in respect of an application to receive additional evidence on appeal, together with all supporting affidavits by no later than 22 January 2016, such motion to be returnable before Gleeson JA on 8 February 2016 at 10.15 am for directions.

(6) Subject to 1 above, reserve all other questions of costs.

(7) Vacate the directions hearing before the Registrar on 9 December 2015 at 9.00 am. Catchwords: PROCEDURE – appeals – application for variation of existing stay pending appeal – whether arguable grounds demonstrated – variation of stay refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Sch 4, cl 6 Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) s 23 Residential Tenancies Act 1987 (NSW) s 71 Residential Tenancies Act 2010 (NSW) ss 81, 83, 119 Supreme Court Act 1970 (NSW) s 75A(8) Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 42.1 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Celermajer Holdings Pty Ltd v Kopas [2011] NSWSC 40 Gunner v Lawrence; Lawrence v Gunner (Civil and Administrative Tribunal (NSW), Senior Member Rosser, 6 November 2015, unrep) Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] NSWCA 383; 55 NSWLR 737 Lawrence v Gunner [2015] NSWCA 322 Whiteford v Commonwealth of Australia (1995) 38 NSWLR 100 Category: Procedural and other rulings Parties: Wayne Lawrence (First Applicant) Valerie Lawrence (Second Applicant) Frances Beatrice Gunner (Respondent) Representation: Counsel: P E King (First and Second Applicants) A Hourigan (Respondent)