Ehrenfeld & Anor v Nan Sun & Ors [2017] NSWSC 547

Supreme Court New South Wales

Medium Neutral Citation: Ehrenfeld & Anor v Nan Sun & Ors [2017] NSWSC 547 Hearing dates: 27 & 28 April 2017 Date of orders: 28 April 2017 Decision date: 28 April 2017 Jurisdiction: Equity Before: Slattery J Decision: Injunction granted to 5.00pm on 4 May 2017. Plaintiffs warned that rental balance required would need to be paid or secured for the restraint ordered to be extended until a final hearing. Catchwords: LANDLORD AND TENANT - Termination of a tenancy – NSW Civil and Administrative Tribunal decision terminating residential tenancy agreement – Tribunal found tenants frequently failed to pay rent owing on the residential premises – rental arrears remain outstanding – interlocutory injunction sought to restrain landlord from taking possession of or interfering with the tenants' quiet enjoyment of the premises – alleged denial of procedural fairness before the Tribunal - balance of convenience – whether prejudice to defendants in grant of injunction pending a final hearing - what financial terms imposed upon the plaintiffs for grant of any injunction. Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321 Category: Procedural and other rulings Parties: First Plaintiff: Michelle Anne Ehrenfeld Second Plaintiff: Gabriel Ehrenfeld First Defendant: Nan Sun Second Defendant: Megaward Pty Ltd Third Defendant: NSW Civil and Administrative Tribunal Representation: Solicitor: