Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd as Trustee of the Harry Triguboff Foundation [2017] NSWCA 331

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd as Trustee of the Harry Triguboff Foundation [2017] NSWCA 331 Hearing dates: 13 December 2017 Decision date: 15 December 2017 Before: Basten JA Decision: (1) Direct that the applicants' notice of motion dated 12 December 2017 be filed in the Registry, if that step has not yet been taken. (2) Dismiss the motion. (3) Order the applicants to pay the respondent's costs of the motion. (4) Direct that, if leave is sought, there be a concurrent hearing of that application and the proposed appeal. (5) Direct that the parties prepare and file a timetable for the service and filing of submissions and appeal books. (6) Set the matter down for hearing on Wednesday, 31 January 2018, or such other date as may be fixed by the Registrar. Catchwords: CIVIL PROCEDURE – application for stay of orders pending appeal – stay of declarations – leases of premises due to expire – claimed right of continuing occupation under separate Deeds rejected by trial judge – threat of immediate eviction – hardship or prejudice to applicants if stay not granted – merit of proposed appeal – discretionary considerations Legislation Cited: Civil Procedure Act 2005 (NSW), s 135 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), r 51.44 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (Receivers appointed) (1985) 2 NSWLR 685 Federal Commissioner of Taxation v Myer Emporium Ltd [No 1] (1986) 160 CLR 220; [1986] HCA 13 Jesasu Pty Ltd v Minister for Mineral Resources (1987) 11 NSWLR 110 Polini v Gray (1879) 12 Ch D 438 Category: Procedural and other rulings Parties: Yeshiva Synagogue Incorporated (First Applicant) Sydney Talmudical College Association (Second Applicant) Yosef Feldman (Third Applicant) Karimbla Properties (No 10) Pty Ltd as Trustee of Harry Triguboff Foundation (Respondent) Representation: Counsel: Mr J Cohen (Applicants) Mr S A Lawrance/Mr A R Jordan (Respondents)